Res 1980-020 - Laserfiche WebLink

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E. Compensation for Subsequent Phases: The compensation for subsequent individual phases will be determined when the agreement for subsequent phases is entered into by CITY and CONSULTANT through amendment of this Contract. The items to be revised, updated, and/or drafted will be determined, based on Phase I recommendations. 4. TERMINATION AND AMENDMENTS I A. Failure to Perform: If through any cause, the CITY feels that the CONSULTANT has failed to fulfill in a timely and proper manner its obligations under this contract, or if the CITY feels that the CONSULTANT has violated any of the cove- nants, agreements or stipulations of this contract, the CITY shall notify the CONSULTANT in writing of its alleged failure or violation, and CONSULTANT shall have thirty days after the date of such notice to cure or correct such defect or failure. Should CONSULTANT fail to do so, CITY may then, at its option, terminate this contract. In such event, all finished or unfinished documents, data, studies, 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. I B. Termination: This contract may be terminated by either party by thirty (30) days written notice by mutual agreement; or ln the event of substantial failure to perform in accor- dance with the terms hereof by the other party through no fault of the termination party. If this agreement is termi- natedby request of the CITY through no fault of the CONSULTANT, the CONSULTANT shall be paid the minimum amount as specified in Section 3A, plus an amount sufficient to pay for any additional services performed in excess of that amount. If this agreement is terminated in accordance with Section 4A 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 termination. 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 this agreement co be performed hereunder. Such changes must be submitted by either party by written notice and by mutual agreement. Compensation adjustments which are mutually agreed upon by and between the CITY and the CONSULTANT shall be negotiated and incorporated in written amendments to this Contract. 5. The CONSULTANT represents that it has, or will secure at its own expense all personnel required in performed the services under this contract. Such personnel shall not be employees of or have any contractual relationship with the CITY. -3-