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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 <br />a timely and proper manner his/her obligations under this Contract. or if the Firm shall <br />violate any of the covenants, agreements, or stipulations of this Contract, the <br />City/County shall thereupon have the right to terminate this Contract by giving written <br />notice to the Firm of such termination and specifying the effective date thereof, at <br />least five days before the effective date of such termination. 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 Firm shall be entitled to receive just <br />and equitable compensation for any wor1<. satisfactorily completed hereunder. <br /> <br />Notwithstanding the above, the Firm 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 Firm, and the City/County may withhold any payments to the Firm for the purpose <br />of set-off until such time as the exact amount of damages due the City/County from <br />the Firm is determined. <br /> <br />2. Termination for Convenience of the City/County. The City/County may terminate this <br />Contract at any time by giving at least ten (101 days notice in writing to the Firm. If the <br />Contract is terminated by the City/County as provided herein, the Finn will be paid for <br />the time provided and expenses incurred up to the termination date. If this Contract is <br />terminated due to the fault of the Finn. Paragraph 1 hereof relative to termination shall <br />apply. <br /> <br />3. ChanQes. The City/County may, from time to time, request changes in the scope of <br />the services of the Firm to be performed hereunder. Such changes, induding any <br />increase or decrease in the amount of the Finn's compensation, which are mutually <br />agreed upon by and betweer: the City/County and the Firm, shall be incorporated in <br />written amendments to this Contract <br /> <br />4. Personnel. <br /> <br />a. The Firm represents that he/sne has. or will secure at his own expense, all <br />personnel required In performing tne services under thiS Contract Such <br />personnel shall not be emploYe<ls of or have any contractual relationship with <br />the City/County. <br /> <br />b. All of the services required hereunder will be performed by the Firm or under <br />hislher supervision and all personnel engaged in the work shall be fully <br />qualified and shall be authonzed or pennllted under State and Local law to <br />perform such services. <br /> <br />c. None of the wor1<. or services covered by this Contract shall be subcontracted <br />without the prior written approval of the City/County. Any wor1<. or services <br />subcontracted hereunder shall be speCified by written contract or agreement <br />and shall be subject to each provIsion of this Contract. <br />