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Appendix A (Architects <strong>and</strong> Engineers) September 2012 Final<br />

Section 2.05 Political Activity<br />

The Contractor’s provision of <strong>services</strong> under this Agreement shall not include any partisan political activity or any<br />

activity to further the election or defeat of any c<strong>and</strong>idate <strong>for</strong> public, political, or party office, nor shall any of the funds<br />

provided under this Agreement be used <strong>for</strong> such purposes.<br />

Section 2.06 Religious Activity<br />

There shall be no religious worship, instruction or proselytizing as part of or in connection with the Contractor’s<br />

provision of <strong>services</strong> under this Agreement, nor shall any of the funds provided under this Agreement be used <strong>for</strong> such<br />

purposes.<br />

Section 2.07 Unlawful Discriminatory Practices: Admin. Code § 6-123<br />

As required by Admin. Code § 6-123, the Contractor will not engage in any unlawful discriminatory practice as<br />

defined in <strong>and</strong> pursuant to the terms of Title 8 of the City Administrative Code. The Contractor shall include a provision in<br />

any agreement with a first-level subcontractor per<strong>for</strong>ming <strong>services</strong> under this Agreement <strong>for</strong> an amount in excess of Fifty<br />

Thous<strong>and</strong> Dollars ($50,000) that such subcontractor shall not engage in any such unlawful discriminatory practice.<br />

Section 2.08 Bankruptcy <strong>and</strong> Reorganization<br />

In the event that the Contractor files <strong>for</strong> bankruptcy or reorganization under Chapter Seven or Chapter Eleven of<br />

the United States Bankruptcy Code, the Contractor shall disclose such action to the Department within seven (7) Days of<br />

filing.<br />

Section 3.01 Assignment<br />

ARTICLE 3 - ASSIGNMENT AND SUBCONTRACTING<br />

A. The Contractor shall not assign, transfer, convey or otherwise dispose of this Agreement, or the right to<br />

execute it, or the right, title or interest in or to it or any part of it, or assign, by power of attorney or otherwise, any of the<br />

monies due or to become due under this Agreement, without the prior written consent of the Commissioner. The giving of<br />

any such consent to a particular assignment shall not dispense with the necessity of such consent to any further or other<br />

assignments. Any such assignment, transfer, conveyance or other disposition without such written consent shall be void.<br />

B. Be<strong>for</strong>e entering into any such assignment, transfer, conveyance or other disposal of this Agreement, the<br />

Contractor shall submit a written request <strong>for</strong> approval to the Department giving the name <strong>and</strong> address of the proposed<br />

assignee. The proposed assignee’s VENDEX questionnaire must be submitted within thirty (30) Days after the ACCO has<br />

granted preliminary written approval of the proposed assignee, if required. Upon the request of the Department, the<br />

Contractor shall provide any other in<strong>for</strong>mation demonstrating that the proposed assignee has the necessary facilities, skill,<br />

integrity, past experience <strong>and</strong> financial resources to per<strong>for</strong>m the specified <strong>services</strong> in accordance with the terms <strong>and</strong><br />

conditions of this Agreement. The Agency shall make a final determination in writing approving or disapproving the<br />

assignee after receiving all requested in<strong>for</strong>mation.<br />

C. Failure to obtain the prior written consent to such an assignment, transfer, conveyance, or other<br />

disposition may result in the revocation <strong>and</strong> annulment of this Agreement, at the option of the Commissioner. The City<br />

shall thereupon be relieved <strong>and</strong> discharged from any further liability <strong>and</strong> obligation to the Contractor, its assignees, or<br />

transferees, who shall <strong>for</strong>feit all monies earned under this Agreement, except so much as may be necessary to pay the<br />

Contractor’s employees.<br />

D. The provisions of this Section shall not hinder, prevent, or affect an assignment by the Contractor <strong>for</strong> the<br />

benefit of its creditors made pursuant to the Laws of the State.<br />

E. This Agreement may be assigned, in whole or in part, by the City to any corporation, agency, or<br />

instrumentality having authority to accept such assignment. The City shall provide the Contractor with written notice of<br />

any such assignment.<br />

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