R2004-88 AUTHORIZING EXECUTION OF A TIRE LEASE AGREEMENT

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All work done pursuant to this Agreement shall be controlled and governed by the laws of the State of Illinois and any actions related to the resulting services provided must be filed in a court in the State of Illinois capable of hearing the case. 12. RECORDS The MANUFACTLTRER shall maintain and retain all books, records, documents and other material which sufficiently and properly reflect all direct and indirect costs related to the performance of this Agreement, and shall undertake such accounting procedures and practices as may be deemed necessary to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject at all reasonable times of the normal business day to inspection, review, or audit by the CITY, its authorized representative(s), the Illinois State Auditor, or other governmental officials authorized by law to monitor this Agreement. The MANUFACTURER shall permit the authorized representative of the U.S. Department of Transportation and the Comptroller General of the United States to inspect and audit all data and records of the MANUFACTURER in relation to its performance and its subcontracts under this Agreement with which Federal funds are used from the date of the Agreement through and until the expiration of three (3)years after the completion of the contract. 13. ASSIGNABILTTY The terms and provisions of this Agreement shall be binding upon the MANUFACTLJRER and the CITY and their respective partners, successors, heirs, executors, administrators, assigns and legal representatives. The rights and obligations of the MANUFACTLTRER and the CITY under this Agreement may not be transferred, assigned, sublet, mortgaged, pledged or otherwise disposed of or encumbered in any way without the prior written approval of the other party,which shall not be unreasonably withheld. The MANUFACTURER shall not enter into any subcontracts or agreements, or start any work by the work forces of a subcontractor, or use any materials from the stores of a subcontractor, with respect to this contract,without the prior concurrence of the CITY. All such subcontracts, agreements, and force work and materials shall be handled as prescribed for third-party contracts, agreements and force-account work by the Illinois Department of Transportation manual for Public Transportation Capital Improvement Grants. Absent the Federal Government's express written consent, the Federal Government shall not be subject to any obligations or liabilities to any subrecipient, any third party contractor, or any other person not a party to the Grant Agreement or Cooperative Agreement in connection with the performance of the Project. Notwithstanding any concurrence provided by the Federal Government in or approval of any solicitation, subagreement, or third party contract, the Federal Government continues to have no obligations or liabilities to any party, including the subrecipient and third party contractor. The CITY may assign its rights and obligations under the Agreement to any successor to the rights and functions of the CITY or to any governmental agency to the extent required by applicable laws or govemmental regulations or to the extent the CIT'Y deems necessary or advisable under the circumstances. Decatur Pu6lic Transit System 10 Tire Lease Agreement