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<br />PART IV <br /> <br />TERMS AND CONDITIONS <br /> <br />PROFESSIONAL MANAGEMENT, ENGINEERING AND/OR ARCHITECTURAL SERVICES <br /> <br />1. Termination of Contract for Cause. If, through any cause, the Firm shall fail to fulfill in a timely and <br />proper manner his/her obligations under this Contract. or if the Firm shall violate any of the covenants, <br />agreements, or stipulations of this Contract, the City/County shall thereupon have the right to terminate <br />this Contract by giving written notice to the Firm of such termination and specifying the effective date <br />thereof. at least five days before the effective date of such termination. In such event. all finished or <br />unfinished documents, data, studies, surveys, drawings. maps, models. photographs and reports <br />prepared by the Firm under this Contract shall, at the option of the City/County, become its property <br />and the Firm shall be entitled to receive just and eouitable compensation for any work satisfactorily <br />completed hereunder. <br /> <br />Notwithstanding the above, the Firm shall not be relieved of liability to the City/County for damages <br />sustained by the City/County by virtue of any breach of the Contract by the Firm, and the City/County <br />may withhold any payments to the Firm for the purpose of set-off until such time as the exact amount of <br />damages due the City/County from the Firm is determinect <br /> <br />2. Termination for Convenience of the Cilv/Countv. The City/County may terminate this Contract at any <br />time by giving at least ten (10) days notice in writing to the Firm. If the Contract is terminated by the <br />City/County as provided herein, the Firm will be paid for the time provided and expenses incurred up to <br />the termination date. If this Contract is terminated due to the fault of the Firm. Paragraph 1 hereof <br />relative to termination shall apply. <br /> <br />3. Chanoes. The City/County may, from time to time, request changes in the scope of the services of the <br />Firm to be performed hereunder. Such changes, including any Increase or decrease in the amount bf <br />the Firm's compensation, which are mutually agreed upon by and between the City/County and the Firm, <br />shall be incorporated in written amendments to this Contract. <br /> <br />4. Personnel. <br /> <br />a. The Firm represents that he/she has. or will secure at his own expense. all personnel required in <br />performing the services under this Contract Such personnel shall not be employees of or have any <br />contractual relationship with the City/County <br /> <br />b. All of the services required hereunder will be performed by the Firm or under his/her superviSion and <br />all personnel engaged in the work shall be fully qualified and shall be authOrized or permitted under <br />State and Local law to perform such services. <br /> <br />c. None of the work or services covered by thiS Contract shall be subcontracted without the prior <br />written approval of the City/County. Any work or services subcontracted hereunder shall be <br />specified by written contract or agreement and shall be sublect to each provision of this Contract. <br /> <br />5. Asslanabilitv The Firm shall not assign any interest on thiS Contract. and shall not transfer any interest <br />in the same (whether by assignment or novation), Without the prior written consent of the City/County <br />thereto: Provided, however. that claims for money by the Firm from the City/County under this Contract <br />may be assigned to a bank, trust company, or other financial institution without such approval. Written <br />notice of any such assignment or transfer shall be furnished promptly to the City/County. <br /> <br />6. Reoorts and Information. The Firm, at such times and In such forms as the City/County may reqUire. <br />shall furnish the City/County such periodic reports as It may request pertaining to the work or services <br /> <br />pHG;:o' q or: Ij <br /> <br />.., <br />