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CONTRACT NO. H01012 4 <br />5. None of the work to be pertormed under this contract which involves the <br />specialized skill or expertise of the CONTRACTOR or his employees shall be subcontracted <br />without prior approval of the Contract Administrator. In the event the CONTRACTOR <br />subcontracts for any or all of the services or activities covered by this contract: (a) the <br />CONTRACTOR is not relieved of any of the duties and responsibilities provided in this contract; <br />(b) the subcontractor agrees to abide by the standards contained herein or to provide such <br />information as to allow the CONTRACTOR to comply with these standards, and; (c) the <br />subcontractor agrees to allow state and federal authorized representatives access to any <br />records pertinent to its role as a subcontractor. <br />6. The services of the CONTRACTOR are to commence on the 1St day of <br />July, 2000, and shall be undertaken and completed in such sequence as to assure their <br />expeditious completion in the light of the purposes of this agreement, but in any event, all of the <br />services required hereunder shall be completed by the 30~' day of June, 2001, <br />7. The CONTRACTOR shall assure that no person, solely on the grounds of <br />race, color, age, religion, sex or national origin, be excluded from participation in, be denied the <br />benefits af, or be subject to discrimination under any program or activity covered by this <br />agreement. <br />8. The CONTRACTOR shall assure that no otherwise qualified handicapped <br />individual, solely by reason of his/her handicap, be excluded from participation in, be denied the <br />benefits of, or be subjected to discrimination under any program or activity covered by this <br />agreement. <br />9. The Americans with Disabilities Act 1990 (ADA) makes it unlawful to <br />discriminate in employment against a qualified individual with a disability and outlaws <br />discrimination against individuals with disabilities in State and local government services and <br />public accommodations. The CONTRACTOR certifies that it and its principals and <br />subcontractors will comply with regulations in ADA Title I (Employment), Title II (Public Services), <br />and Title III (Public Accommodations) in fulfilling the obligations under this agreement. <br />10. If, through any cause, the CONTRACTOR shall fail to fulfill in timely and <br />proper manner the obligations under this agreement, the DEPARTMENT shall there upon have <br />the right to terminate this contract by giving written notice to the CONTRACTOR of such <br />termination and specifying the reason thereof and the effective date thereof. In that event, all <br />finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, <br />and reports prepared by the CONTRACTOR shall, at the option of the DEPARTMENT, become <br />its property, and the CONTRACTOR shall be entitled to receive just and equitable compensation <br />for any satisfactory work completed on such documents and other materials. The <br />CONTRACTOR shall not be relieved of liability to the DEPARTMENT for damages sustained by <br />the DEPARTMENT by virtue of any breach of this agreement, and the DEPARTMENT may <br />withhold payment to the CONTRACTOR for the purpose of set off until such time as the exact <br />amount of damages due the DEPARTMENT from such breach can be determined. <br />11. This contract may be terminated by either party upon thirty (30) days <br />notice given in writing by one party to the other. If the contract is terminated, all finished or <br />unfinished documents and other materials shall, at the option of the DEPARTMENT, become its <br />property. Termination of the contract by the CONTRACTOR shall not prohibit the <br />DEPARTMENT from seeking remedy for additional costs consequential to the termination, <br />which are incurred by the DEPARTMENT. If the contract is terminated by the DEPARTMENT as <br />provided herein, the CONTRACTOR will be paid in an amount which bears the same ratio to the <br />total compensation as the services actually performed bear to the total services of the <br />2 of 5 <br />