SECTION 19. PERFORMANCE REPORTS AND EVALUATIONS,
A. The Contractor shall submit pcriodic reports as specificd in section 4 above (“Reporting
Requirements”) in a format approved by the City.
B. The Contractor shall furnish such statements, records, reports, data and information to the City at
such times and in such form as the Contract Manager may reasonably require.
C. The City may perform on-site evaluations of Contractor’s performance under this Contract at any
time upon twenty four (24) hours written notice (including email or other electronically delivered
notice),
D. The Contract Manager may perform an on-site audit of books, records and cquipment during
business hours, upon twenty four (24) hours written notice (including email or other electronically
delivered notice).
E. The Contract Manager may conduct annual performance evaluations based on measurables
reflected in the Contractor’s annual Work Plan to be conducted sixty (60) days prior to the end of
the contract lerm.
SECTION 11. REPRESENTATIONS AND WARRANTIES.
A. The Contractor represents and warrants that:
1. All information, reports and data furnished to the City by Contractor arc compicte and
accurate as of the date furnished to the City, and that Contractor shall promptly notify the
Contract Manager in the event of any material change affccting the accuracy or
completeness;
2. All financial statements and information furnished to the City are complete, accurately reflect
the financial condition of the Contractor on the date shown on said report, accurately show
the results of the operation for the period covered by the report, and that since said date there
has been no material change, adverse or otherwise, in the financial condition of the Contractor,
3. Contractor has promptly notified the Contract Manager of any and all pending or threatened
legal proceedings against the Contractor;
4, Contractor shall take all reasonable measures to ensure that the City’s equipment and
facilities for public access will not be used for commercial purposes;
5. None of the provisions herein violates, or is in conflict with, the authority under which the
Contractor is doing business, or the terms of any obligation or agreement of the Contractor,
6. The Contractor has the power to enter into this Contract and accept payments hereunder, and
the Contractor has taken all necessary action to authorize such acceptance under the terms
and conditions of this Contract,
7. None of the assets of the Contractor is subject to any licn or encumbrance of any character
except for current taxes, except as shown in the financial statements furnished by the
Contractor to the City;
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