Res 2013-114/Approving an Interlocal Agreement with the CAPCOG for Solid Waste Equipment and Services

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amendment hereto, and shall become effective on the date designated by such law or regulation, provided if the SUBCONTRACTOR may not legally comply with such change, SUBCONTRACTOR may terminate its participation herein as authorized by Article 10. CAPCOG may, from time to time, require changes in the Scope of the Services of the SUBCONTRACTOR to be performed hereunder. Such changes that are mutually agreed upon by and between CAPCOG and the SUBCONTRACTOR in writing shall be incorporated into this Contract. Any changes in personnel whose salaries are funded under this Contract or any other Contract amendments, including increasing or decreasing the amount of total funding, altering budget category allocations, extending or shortening the term of the agreement, or making significant changes in the scope of work, schedule or deliverables, must be approved in advance by CAPCOG. A detailed description of the proposed change(s) shall be submitted in writing by the SUBCONTRACTOR to CAPCOG for approval. Authorization to amend the Contract will be documented in writing and copies of the authorization retained in the fi l es of both CAPCOG and SUBCONTRACTOR. Article 10: Termination of Contract for Convenience a) CAPCOG may terminate this Contract in whole or part for its convenience. CAPCOG terminates this Contract for convenience by giving SUBCONTRACTOR at least 30 calendar days notice of the termination, specifying the termination date, and describing the part or parts terminated. b) Upon receipt of the termination notice, SUBCONTRACTOR agrees to stop work on or before the termination date, cancel all subcontracts and orders entered into under this Contract, and settle all claims resulting from cancellation of the subcontracts and orders. If CAPCOG terminates only part of the Contract, Contractor agrees to complete the un- terminated part if CAPCOG so requests. C) At CAPCOG's request, following termination of the Contract for convenience, SUBCONTRACTOR agrees to transfer title and deliver to CAPCOG, at CAPCOG's expense, all work produced in performing this Contract. SUBCONTRACTOR agrees to preserve and protect the work until it is delivered to CAPCOG. d) SUBCONTRACTOR agrees to submit to CAPCOG a written termination claim itemizing and documenting the amounts due because of termination of the Contract. If Contractor does not submit the termination claim within 90 calendar days from the effective date of termination, SU BCO N TRACTO R s term i nati on cl ai m i s barred. e) If SUBCONTRACTOR's termination claim is timely submitted, complete, and correct, CAPCOG agrees to pay SUBCONTRACTOR the following amounts in full settlement of SU BCO N TRACTO R's termi nati on cl ai m: (1) the reasonabl a cost of al I work performed through the date of termination; and (2) the reasonable cost of settling and paying claims resulting from cancellation of subcontracts and orders. However, CAPCOG's total payment under this paragraph may not exceed the total Contract price, less amounts already paid SUBCONTRACTOR under this Contract, any lawful offsets, and the Contract price for any work not terminated. CAPCOG FY2012 Solid Waste Interlocal Contract 31