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<br />PART IV <br /> <br />TERMS AND CONDITIONS <br />PROFESSIONAL MANAGEMENT, ENGINEERING AND/OR ARCHITECTURAL SERVICES <br /> <br />1. Tennination of Contract for Cause. If, through any cause. the Finn shall fail to fulfill in <br />a timely and proper manner his/her obligations under this Contract, or if the Finn shall <br />violate any of the covenants, agreements, or stipulations of this Contract, the <br />City/County shall thereupon have the right to tenninate this Contract by giving written <br />notice to the Finn of such termination and specifying the effective date thereof. at <br />least five days before the effective date of such tennination. In such event, all <br />finished or unfinished documents, data. studies, surveys, drawings, maps, models, <br />photographs and reports prepared by the Firm under this Contract shall, at the option <br />of the City/County, become its property and the Finn shall be entitled to receive just <br />and equitable compensation for any woli\ satisfactorily completed hereunder. <br /> <br />Notwithstanding the above, the Finn shall not be relieved of liability to the City/County <br />for damages sustained by the City/County by virtue of any breach of the Contract by <br />the Finn, and the City/County may withhold any payments to the Finn for the purpose <br />of set-off until such time as the exact amount of damages due the City/County from <br />the Finn is detennined. <br /> <br />2. Tennination for Convenience of the City/County. The City/County may tenninate this <br />Contract at any time by giving at least ten (101 days notice in writing to the Finn. If the <br />Contract is tenninated by the City/County as provided herein, the Finn will be paid for <br />the time provided and expenses incurred up to the tennination date. If this Contract is <br />tenninated due to the fault of the Finn. Paragraph 1 hereof relative to tennination shall <br />apply. <br /> <br />3. Chances. The City/County may, from time to time, request changes in the scope of <br />the services of the Finn to be perfonned hereunder. Such changes, induding any <br />increase or decrease in the amount o( the Firm's compensation, which are mutually <br />agreed upon by and betweer: the City/County and the Finn, shall be incorporated in <br />written amendments to this Contract <br /> <br />4. Personnel. <br /> <br />a. The Finn represents that he/sr... has. or will secure at his own expense. all <br />personnel required In performing the services under thiS Contract Such <br />personnel shall not be employlHl. 01 or have any contractual relationship with <br />the City/County. <br /> <br />b. All of the services reqUired hereunder will be perfonned by the Finn or under <br />hislher supervision and all personnel engaged in the work shall be fully <br />qualified and shall be authonzed or perrrlltted under State and Local law to <br />perfonn such services. <br /> <br />c. None of the woli\ or services covered by this Contract shall be subcontracted <br />without the prior written approval of the City/County. Any woli\ or services <br />subcontracted hereunder shall be speCified by wntten contract or agreement <br />and shall be subject to each provIsion of this Contract. <br />