R2013-106 ACCEPTING PROPOSAL OF HOUCK TRANSIT ADVERTISING

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Suspension and/or Debarment. The Contractor is required to verify that none of the Contractor,its principals,as defined at 49 CFR 29.995,or affiliates,as defined at 49 CFR 29.905,are excluded or disqu*lifted as defined at 49 CFR 29.940 and 29.945. The Contractor is required to comply with 49 CFR 29, Subpart C Od must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier subcontract it enters in o. If it is later determined that the Contractor knowingly rendered an erroneous certification,in addition to remedies available to the City,the Federal Government may pursue available remedies,including but not limited to suspension and/or debarment. Disputes. Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the City Manager of the City jof Decatur. This decision shall be final and conclusive unless the Contractor mails or otherwise furnishes a itten appeal to the City Manager within ten(10)days from the date of receipt of its copy. In connection with any s ch appeal,the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of i�s position. The decision of the City Manager shall be binding upon the Contractor and the Contractor shall abide be the decision. Unless otherwise directed by the City,the Contractor shall continue performance under this Contract while matters in dispute are being resolved. Termination. (1)Termination for Convenience The City of Decatur may terminate this contract,in whole or in part,at any time by written notice to the Contractor when it is in the City of Decatur's best interest. The Contractor shall be paid its costs,including contract close-out costs,and profit on work performed up to the time of ter*dnation. The Contractor shall promptly submit its termination claim to City of Decatur to be paid the Contractor. If the Contractor has any property in its possession belonging to the City of Decatur,the Contractor will account for the same,and dispose of it in the manner the City of Decatur directs. (2)Termination for Default,Breach or Cause If the Contractor fails to perform in the m*nner called for in the contract,or if the Contractor fails to comply with any other provisions of the contract,theity of Decatur may terminate this contract for default. Termination shall be effected by serving a notice of termination on the Contractorsettin forth the manner in which the Contractor is in default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City of Decatur that the Contractor had an excusable reason for not performing,such as a strike,fire,or flood,events which are not the fault of or are beyond the control of the Contractor,the City of Decatur,after setting up a new performance schedule,may allow the Contractor to continuel work,or treat the termination as a termination for convenience. (3)Opportunity to Cure The City of Decatur in its sole discretion may,in the case of a termination for breach or default,allow the Contractor an appropriately short period of time in which to cure the defect. In such case,the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If Contractor fails to remedy to City of Decatur's satisfaction the breach or default of any of the terms,covenants,or conditions of this Contract within ten(10)days after receipt by Contractor of written notice from City of Decatur setting forth the nature of said breach or default,City of Decatur shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude City of Decatur from also pursuing all available remedies against Contractor and ids sureties for said breach or default. (4)Waiver of Remedies for any Breach In the event that City of Decatur elects to waive its remedies for any breach by Contractor of any covenant,term or condition of this Contract,such waiver by City of Decatur shall not limit City of Decatur's remedies for any succeeding breach of that or of any other term,cov$nant,or condition of this Contract. - 11 -