10-2137 Continuing Professional Stormwater Services Consultant Agreement

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CONTRACTUAL SERVICES Page 13 of 20 (1) If, in the City's sole discretion, the City determines that the performance of the Consultant is not satisfactory, the City may notify the Consultant of the deficiency with the requirement that the deficiency be corrected, as reasonably determined by the City, within a specified time; but not less than 10 days. Otherwise the Agreement will be terminated at the end of such time or thirty (30) days whichever is sooner. (2) If, in the City's sole discretion, the City requires termination of the Agreement for reasons other than unsatisfactory performance of the Consultant, the City shall notify the Consultant of such termination, with instructions as to the effective date of work stoppage or specify the stage of work at which the Agreement is to be terminated. (3) If the Agreement is terminated before performance is completed, the Consultant shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs, not to exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by the Agreement. In the event of termination for cause, the City may adjust any payment to take into account additional costs to be incurred by the City due to such default, including additional costs to complete the project above and beyond the costs contemplated by this Agreement, such as attorneys' fees. (4) Notwithstanding any other provision of this Agreement, the City shall have the right at any time to terminate this Agreement in its entirely without cause, or terminate any Supplemental Agreement without cause, if such termination is deemed by the City to be in the public interest, provided that thirty (30) days prior written notice is given to Consultant of the City's intent to terminate. The City shall identify any Supplemental Agreements being terminated. This Agreement will remain in full force and effect as to all authorized Supplemental Agreements which are to be continued to completion. In the event that after the City's termination for cause for failure of the Consultant to fulfill its obligations under this Agreement it is found that the Consultant has not so failed, the termination shall be deemed to have been for convenience and without cause. B. The City reserves the right to cancel and terminate this Agreement in the event the Consultant or any employee or agent of the Consultant is convicted of any crime arising out of or in conjunction with any work being performed by the Consultant for or on behalf of the City without penalty. It