R96-166 AUTHORIZING EXECUTION OF AGREEMENT

Home Browse Search

Contract I A�,�reement dated December 3, 1996, for identi�cation purposes only in entered into by and , „ I bet��een ��/estern Staff Services, Inc., hereinafter referred to as "Western" or Contractor" and '� The City of Decatur, Illinois, a municipal corporation hereinafter referred to as "Customer" or ', "City." �Vherever used in this contract "shall" is to be interpreted as mandatory and "may" is to i be interpreted as permissive. Wherever a male gender specific pronoun such as he or his is used ', in this RFP a female gender specific pronoun such as she or hers may be substituted. The use of ', male gender specific pronouns is for convenience only. When not inconsistent �vith the context, ! words used in the present tense include the future tense, words in the plural number include the ' sin�ular number, and words in the singular number include the plural number. , 1. Term- This A eement which su ersedes all rior a eements between the arties on this II' gT , P P �' P subject, shall take effect upon execution and continue for six (6) months, subject to the right of , either party to terminate at either time by the giving of thirty (30) days prior ��ritten notice, by I, registered or certified mail, return receipt. ' Renewal: The Contract may be renewed at the expiration of its term by a�-reement of both ', parties. Such renewals may be for one (1) year periods if agreeable to all parties. If the '� Contractor chooses not to renew, he must notify the City of his decision at least thirty (30) days ', prior to the e�piration of the Contract. Should the Contractor fail to provide notification of intent not to renew to the City thirty (30) days prior to the expiration of the contract period, the I Contractor must continue to perform services under the terms of the Contract for a period up to , thirty (30) days at the City's option. Notice of the City's intent to renew must be given to the ' Contractor in writing thirty (30) days before the expiration date of the current Contract. This notice shall not be deemed to commit the City to renewal of the Contract. City contracts which i bridge City fiscal years may be continued each fiscal year only after funding appropriations and program approval have been granted by the Decatur City Council. In the event that the Decatur ', City Council does not grant the necessary funding appropriation or program approval, then the �, affected multi-year contract becomes null and void, effective May 1 of the fiscal year for which I such approvals have been denied. It is the intent of the City to retain a successful Contractor for I a mmimum of three 3 ears. ' � ) Y I In the event of default by one party, the other party may immediately terminate. Except as ' otherwise provided herein, when either party has knowledge that any actual or potential situation � ' is delaying or threatens to delay the timely performance of the Contract, that party shall, within ', i five 5 da s, ive notice thereof includin all relevant information with res ect thereto, to the I � ) Y g g P i other arty. The Contractor shall notify the City when it appears that City activities or personnel , P are in any way hindering effective execution of the Contractor's work efforts. Should an ' emergency or urgent need require performance of services beyond the capability of the I Contractor, the City may perform or supplement performance of Contract services with City � personnel. Such performance by the City shall not constitute a breach of the Contract by the ' Cit . The Contractor's inabilit to erform these services may not constitute a breach of contract , Y Y P b the Contractor in the sole 'ud ent of the Ci . If the Cit erforms Contract services with Y J � tY Y P City personnzl because of the Contractor's failure or �nability to perform, the Contractor shall Page 1 of 14