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The rights and remedies of the CITY provided in this clause shall not be exclusive and <br /> are in addition to any other rights and remedies provided by law or under this contract. <br /> 11.0 DISPUTES <br /> Except as otherwise provided in this Agreement, any dispute concerning a question of fact <br /> arising under this Agreement which is not disposed of by agreement shall be decided by a Protest <br /> Review Board comprised of the General Manager of the Decatur Public Transit System, or <br /> his/her designee, the CITY Procurement Manager, and the Legal Counsel for the CITY. This <br /> board shall reduce their decision to writing and mail or otherwise furnish a copy thereof to the <br /> CONSULTANT. The decision of the Protest Review Board shall be final, unless determined by <br /> a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly <br /> enoneous as necessarily to imply bad faith, or not supported by substantial evidence. In <br /> connection with any appeal proceeding under this clause, the CONSULTANT shall be afforded <br /> an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision <br /> of a dispute hereunder, the CONSULTANT shall proceed diligently with the performance of the <br /> Agreement and in accordance with the Protest Review Board's decision. <br /> All work done pursuant to this Agreement shall be controlled and governed by the laws of the <br /> State of Illinois and any actions related to the resulting services provided must be filed in a <br /> Federal court in the State of Illinois capable of hearing the case. <br /> 12.0 RECORDS <br /> The CONSULTANT shall maintain and retain all books, records, documents and other material <br /> which sufficiently and properly reflect all direct and indirect costs related to the performance of <br /> this Agreement, and shall undertake such accounting procedures and practices as may be deemed <br /> necessary to assure proper accounting of all funds paid pursuant to this Agreement. These <br /> records shall be subject at all reasonable times of the normal business day to inspection, review, <br /> or audit by the CITY, its authorized representative(s), the Illinois State Auditor, or other <br /> governmental officials authorized by law to monitor this Agreement. <br /> The CITY shall retain ownership of all plans, specifications, and related documents which were <br /> prepared in conjunction witY,�this Agreement. The CONSULTANT shall not publish any such <br /> materials or use them for any research or publication, other that work required by this <br /> Agreement, without the written permission of the CITY. <br /> 13.0 ASSIGNABILITY <br /> The terms and provisions of this Agreement shall be binding upon the CITY and the <br /> CONSULTANT and their respective partners, successors, heirs, executors, administrators, <br /> assigns and legal representatives. The rights and obligations of the CONSULTANT under the <br /> Agreement may not be transferred, assigned, sublet, mortgaged, pledged or otherwise disposed of <br /> or encumbered in any way. The CONSULTANT may subcontract a portion of its obligations to <br /> other firms or parties but only after having first obtained the written approval by the CITY. <br /> Decatur Public Transit System <br /> Transit Planning Study 11 <br />