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R2023-159 Resolution Accepting the Proposal and Authorizing the Execution of an Agreement for Professional Services for the Electric Vehicle Readiness Plan with CDM Smith
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R2023-159 Resolution Accepting the Proposal and Authorizing the Execution of an Agreement for Professional Services for the Electric Vehicle Readiness Plan with CDM Smith
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8/10/2023 9:44:30 AM
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Resolution/Ordinance
Res Ord Num
R2023-159
Res Ord Title
R2023-159 Resolution Accepting the Proposal and Authorizing the Execution of an Agreement for Professional Services for the Electric Vehicle Readiness Plan with CDM Smith
Department
Mass Transit
Approved Date
8/7/2023
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disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA <br /> may issue. <br /> 3.The Contractor also agrees to include these requirements in each subcontract financed in whole or <br /> in part with Federal assistance provided by FTA, modified only if necessary to identify the affected <br /> parties. Suspension and/or Debarment. The Contractor is required to verify that none of the <br /> Contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are <br /> excluded or disqualified as defined at 49 CFR 29.940 and 29.945.The Contractor is required to comply <br /> with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in <br /> any lower tier subcontract it enters into. If it is later determined that the Contractor knowingly <br /> rendered an erroneous certification, in addition to remedies available to the City, the Federal <br /> Government may pursue available remedies, including but not limited to suspension: and/or <br /> debarment. <br /> 7. Resolution of Disputes. <br /> For disputes arising in the performance of this Contract which are not resolved by agreement of the <br /> parties, the authorized representative of the City Manager of the City of Decatur shall decide which <br /> are not resolved by agreement of the parties, in writing. This decision shall be final and conclusive <br /> unless the Contractor mails or otherwise furnishes a written appeal to the City Manager within ten <br /> (10)days from the date of receipt of its copy. In connection with any such appeal,the Contractor shall <br /> be afforded an opportunity to be heard and to offer evidence in support of its position.The decision <br /> of the City Manager shall be binding upon the Contractor and the Contractor shall abide be the <br /> decision. Unless otherwise directed by the City,the Contractor shall continue performance under this <br /> Contract while matters in dispute are being resolved. <br /> The City shall pursue all legal rights available to it in the enforcement or defense of any third-party <br /> contract,and FTA and the Department reserve the right to concur in any compromise of settlement of <br /> any third-party claim involving the City. The City shall notify the FTA and IDOT of any current or <br /> prospective major dispute pertaining to any third-party contract. <br /> 8. Ownership of Records and Documents/Confidential Information. <br /> Contractor agrees to keep and maintain all books and records and other recorded information <br /> required to comply with any applicable laws, including but not limited to the Prevailing Wage Act. <br /> Contractor agrees to keep such information confidential and not to disclose or disseminate the <br /> information to third parties without the consent of the City. Contractor further agrees to keep as <br /> confidential any information belonging or relating to the City which is of a confidential nature, <br /> including without limitation information which is proprietary, personal, required by law to be <br /> confidential,or relates to the business,operations or accounts of the City.This confidentiality shall not <br /> apply to material or information, which would otherwise be subject to public disclosure through the <br /> Freedom of Information Act or if previously disclosed by a third party. Contractor acknowledges that <br /> the Freedom of Information Act,5 ILCD 140/1,et seq. (the"Act") requires the City to produce certain <br /> records that may be in the possession of Contractor.The restrictions on the use and disclosure of the <br /> 13 <br />
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