1995 S Planning - Open Space Development Design Guidebook Contract

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Orange County Contract Page 2 Further details on reimbursement,administration of grant funds,audit requirements,and financial documentation is found in the Grantee Handbook for Federal Preservation Fund Grant Proiects, which is incorporated by reference. D. PERSONAL INCOME AND SELF-EMPLOYMENT TAX RESPONSIBILITIES OF THE CONSULTANT: It is understood that the Consultant is being employed as a professional and is an independent contractor, and that payment for services constitutes a fee which excludes all employment taxes and related benefits.The Grantee will be responsible for filing appropriate IRS income statements (FORM 1099) for the Consultant. E. TERMINATION OF CONTRACT Termination by Grantee of Consultant's Contract for Cause. If the Consultant fails to fulfill in a timely and proper manner his/her obligations under this contract, or if the Consultant violates any of the stipulations of this contract,the Grantee,in consultation with the Division,shall have the right to terminate the contract for cause by giving written notice to the Contractor specifying the reasons for and effective date of termination. In such event, the Consultant shall cease work immediately upon receipt of such notice. The Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed prior to termination. Enforcement Remedies by Division for Contractor Nonperformance. If the Consultant fails to fulfill in a timely and proper manner,his or her obligation under this contract, or violates any of the stipulations of this contract, the Division may enforce the remedies for grantee or subgrantee compliance pursuant to section 43 of the Code of Federal Regulations (43 CFR 12.43, 12.44), incorporated by reference in this contract. F. CHANGES IN PROJECT DESCRIPTION/CONTRACT Only minor changes may be made in the scope or budget without the approval of the Division. Minor changes are those changes that involve 5%or less of the project cost and that: do not alter the basic scope of the project; do not substitute unapproved materials or methods; do not add or delete work items. Major changes made without prior Division approval are not allowed. As the costs of such unapproved changes may be disallowed or as entire grant allocation of the project may be canceled, it is important to request and receive in writing necessary approvals before changes are made. The Grantee should contact grants administrator Lloyd Childers by telephone if any changes are anticipated. If the change is minor, the grants administrator will advise the Grantee to proceed and to describe the change in the final financial report. If the change is major, the Grantee will be required to use the procedure outline in the Grantee Handbook for Federal Historic Preservation Fund Grant Proiects. G. NONDISCRIMINATION ASSURANCES: In consideration of the signing of this Contract for the performance of work and furnishing of labor and materials as set forth herein, the parties hereto for themselves, their agents, officials, and employees or servants agree not to discriminate in any manner on the basis of age,handicap, sex, race,color,creed,sexual orientation,or national origin with reference to the subject matter of this Contract,no matter how remote. This provision is hereby incorporated into this Contract for the benefit of the Grantee and may be enforced by action for specific performance, injunctive relief, or other remedy as by law provided.