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1999-100
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1999-100
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Last modified
7/31/2023 1:27:28 PM
Creation date
7/31/2023 1:27:14 PM
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Template:
Official Documents
Official Document Type
Grant
Approved Date
04/16/1999
Control Number
1999-100
Entity Name
Berryman & Henigar
Subject
Approval of Consultant Contract for Economic Development &
Community Development Block Grant Application & Administration Services
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Exhibit "B' <br />Clauses Required for Compliance with 24 C.F.R. Section 85.35(i) <br />1. Termination (Cause anchor Convenience) <br />(a) This contract may be terminated in whole or in pan in writing by either party in the event of <br />substantial failure by the other party to fulfill its obligations antler this contract through no fault of <br />the terminating party, provided that no termination may be effected unless the other party is given <br />(1) not less than len (10) calendar days written notice (delivered by certified mail, return receipt <br />requested) of intent to terminale and (2) an opportunity for consultation with the terminating party <br />prior to termination. <br />(b) This contract may be terminated in whole or in pan in writing by the local government for its <br />convenience, provided that the other party Is afforded the same notice and consultation <br />opportunity specified in Ila) above. <br />(c) If termination for default is effected by the local government, an equitable adjustment in the <br />price for this contract shall be made, but (g no amount shall be allowed for anticipated profit on <br />unperformed services or other work, and (2) any payment due to the contractor at the time of <br />termination may be adjusted to cover any additional costs to the local government because of the <br />contractor's tlefault. <br />If termination for convenience is effected by the local government, the equitable adjustment shall <br />include a reasonable profit for services or other work performed for which profit has not already <br />been included in an invoice <br />For any termination, the equitable adjustment shall provide for payment to the contractor for <br />services rendered and expenses incurred prior to receipt of the notice of intent to terminate, in <br />addition to termination settlement costs reasonably incurred by the contractor relating to <br />commitments (e.g., suppliers, subcontractors) which had become firm prior to receipt of the notice <br />of intent to terminate. <br />(d) Upon receipt of a termination action antler paragraphs (a) or (b) above. the contractor shall (1) <br />promptly discontinue all affected work (unless the nonce drects otherwise) and (2) deliver or <br />otherwise make available to hue local government all data, drawings, reports specifications, <br />summaries and other such mlorniatron as may have been accumulated by the contractor In <br />performing this contract whether completed or in process. <br />(e) Upon termination, the local government may take over the work and may award another party <br />a contract to complete the work described in this contract. <br />(U If, after termination for failure of the contractor to LOW contractual obligations, it is determined <br />that the contractor had not failed to fulfill contractual obligations, the termination shall be deemed <br />to have been for the convenience of the local government. In such event, adjustment of the <br />contract price shall be made as provided in paragraph (C) above. <br />Page B-1 <br />Berryman & Henigar, Inc. <br />
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