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<br />-- <br /> <br />TERMS AND CONDITIONS <br /> <br />1. Termination of Contract for Cause. If, through any cause, the Firm shall fail to fulfill in a timely <br />and proper manner his/her obligations under this Contract, or if the Firm shall violate any of the <br />covenants, agreements, or stipulations of this Contract, the City/County shall thereupon have the <br />right to terminate this Contract. by giving written notice to the Firm of such termination and <br />specifying the effective date thereof, at least five days before the effective date of such <br />termination. In such event, all finished or unfinished documents, data, studies, surveys, <br />drawings, maps, models, photographs and reports prepared by the Firm under this Contract shall, <br />at the option of the City/County, become its property and the Firm shall be entitled to receive just <br />and equitable compensation for any work satisfactorily completed hereunder. <br /> <br />Notwithstanding the above, the Firm shall not be relieved of liability to the City/County for <br />damages sustained by the City/County by virtue of any breach of the Contract by the Firm, and <br />the City/County may withhold any payments to the Firm for the purpose of set-off until such time <br />as the exact amount of damages due the City/County from the Firm is determined. <br /> <br />2. Termination for Convenience of the CitY/County. The City/County may terminate this Contract at <br />any time by giving at least ten (10) days notice in writing to the Firm. If the Contract is terminated <br />by the City/County as provided herein, the Firm will be paid for the time provided and expenses <br />incurred up to the termination date. If this contract is terminated due to the fault of the Firm, <br />Paragraph 1 hereof 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 <br />of the Firm to be performed hereunder. Such changes, including any increase or decrease in the <br />amount of the Firm's compensation, which are mutually agreed upon by and between the <br />City/County and the Firm, 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 <br />required in performing the services under this Contract. Such personnel shall not be <br />employees of or have any contractual relationship with the City/County. <br /> <br />b. All of the services required hereunder wili be performed by the Firm or under his/her <br />supervision and all personnel engaged in the work shall be fully qualified and shall be <br />authorized or permitted under 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 <br />prior written approval of the City/County. Any work or services subcontracted hereunder <br />shall be specified by written contract or agreement and shall be subject to each provision <br />of this Contract. <br /> <br />5. Assianability. The Firm shall not assign any interest on this Contract, and shall not transfer any <br />interest in the same (whether by assignment or novation), without the prior written consent of the <br />City/County thereto: Provided, however, that claims for money by the Firm from the City/County <br />under this Contract may be assigned to a bank, trust company, or other financial institution <br />without such approval. Written notice of any such assignment or transfer shall be fumished <br />promptly to the City/County. <br /> <br />6. Reports and Information. The Firm, at such times and in such forms as the City/County may <br />require, shall furnish the City/County such periodic reports as it may request pertaining to the <br />work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be <br />incurred in connection therewith, and any other matters covered by this Contract. <br /> <br />7. Records and Audits. The Firm shall insure that the City/County maintains fiscal records and <br />supporting documentation for all expenditures of funds made under this contract in a manner <br />which conforms to OMS Circular A-87, Section 570.490 of the Regulations, and this Contract. <br />Such records must include data on the racial, ethnic, and gender characteristics of persons who <br />