Res 1981-009 - Laserfiche WebLink

Home Browse Search

E. Com}}ensal:[on for Sul)ser[!.!!'t~t Phases: TI~o compensation for s~bso,tt~ent ind.ivi.(iua.1 [dtar;~,r; w:l] be ~eLermined when [he agFeemenh for subsequenb t>l~ages 5. s entered i.n[o by CITY amd CONSUI,TANT [l~rouqh amettdmeu[ oF [his Cou[rach. The iLems eo be revised, updated, Q]~d/or drafted will be deeermined, based on Phas6' I recomNenda~ions. TERblINATION AND AMENDbIENTS A. Failure Lo Per£orm: If through any cause, the CITY feels that the CONSULTANT has failed to fulfill in a timely and proper manner its obliqations under this contract, or if the CITY feels that the CONSULTANT has violated any of the cove- nants, agreements or stipulatio~!s of this contract, the CITY shall notify the CONSULTANT in writing of its alleged failure or violation, and CONSULTANT shill have thirty days after the date of such notice to cure or correct such defect or failure. Shou].d CONSUl,TAN'J' fail to do so, CITY may then, at its option, terminate th~s contract. In such event, a].l finished or unfinished documents, data, stu(ties, surveys, drawings, maps, models, photographs, and reports prepared by CONSULTANT shall at the option of the CITY become its property, and the CON- SULTANT will be entitled to receive the minimum 'amount of payment as specified in Section 4B plus an amount sufficient to pay for any additional services previously provided that would not be covered by the minimum compensation. B. Termination: This contract may be terminated by either party by tl~-r-~y (30) days written notice by mutual agreement; or ~n tile event of substantial failure to perform J.n accor- dance with tile terms hereof t)y the other party through no fault of tile termination party. If this agreement is termi- · nated by request of the CITY through no fault of the CONSULTANT, the CONSULTANT shall be paid tile minimum amount as specified in Section 3A, plus an amount sufficient to pay for any additional services performed zn excess of that amount. If this agreement is terminated in accordance with Section due to a failure to perform on the part of CONSULTANT, the CONSULTANT shall be compensated for any work performed as of the date of te~mznation. C. Amendments: The CITY and/or the CONSULTANT may, from time to time, request changes in the Scope of Services, Time of Performance, and any other elements of /his agreement to be performed l~ereunder. Suc}) changes must be submitted by either [)arty I)y wrikLeu not ice an(l 1)y i,u~t~lal aqrenmeut. Compensati. on adjust:ment:r~ wl~ich afc imll.~]a].ly agreed upon by all(] bO[wO(~ll (_lie CITY an(l LlJc ('()NJjEII,'/'ANT ~;)ldl 1. b(') negotiated and incorporated in written amendments to thks Contract. The CONSUI,TANT represent.q that J.[: has, or Wi].]..qF~ct~re at its own expense all personnel required 'in performed tile services under this contract. Such personnel' shall not be employees of or have any contractual relationship with the CITY. -3-