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Res 1989-134
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Res 1989-134
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8/3/2007 11:20:41 AM
Creation date
8/3/2007 11:20:41 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1989-134
Date
11/13/1989
Volume Book
96
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<br /> Article 4. Compensation (cont.) <br /> The State will exercise good faith effort to make payments within thirty days of receipt <br /> of properly prepared and documented requests for reimbursement. All payments, <br /> however, are contingent upon the availability of appropriated funds. <br /> Article 5. Contract Amendments <br /> The Local Government may request additional funds for additional tasks to be <br /> performed under this contract, and if the request is justified by the Local Government <br /> and the State determines that the request is beneficial to the State and the Local <br /> Government and to the purpose of the grant, a written amendment is to be executed to <br /> authorize additional tasks and additional funds, if additional funds are available. <br /> The amendment shall be agreed upon by the State and Local Government. Any such <br /> amendment shall be made before the termination of the contract as specified in <br /> Article 1. The Local Government can undertake at its own expense any activities <br /> associated with the approved project, but those additional activities will not be eligible <br /> for reimbursement by the State. <br /> Article 6. Inspection of Work <br /> The State shall have the right at all reasonable times to inspect or otherwise evaluate <br /> the work performed on being performed hereunder and the premises in which it is being <br /> performed. If any inspection or evaluation is made on the premises of the Local <br /> Government or subcontractor, the Local Government shall provide and require his <br /> subcontractor to provide all reasonable facilities and assistance for the safety and <br /> convenience of the inspectors in the performance of their duties. All inspections and <br /> evaluations shall be performed in such a manner as will not unduly delay the work. <br /> Article 7. Disputes and Remedies <br /> The Local Government shall be responsible for the settlement of all contractual and <br /> administrative issues arising out of procurements entered in support of contract work. <br /> Disputes concerning performance or payment shall be submitted to the State for <br /> settlement with the Engineer-Director of the State Department of Highways and Public <br /> Transportation acting as referee, <br /> This agreement shall not be considered as specifying the exclusive remedy for any <br /> dispute or violation or breach of contract terms, but all remedies existing at law and <br /> in equity may be availed of by either party and shall be cumulative. <br /> Article 8. Records <br /> The Local Government agrees to maintain a11 books, documents, papers, accounting <br /> records, and other evidence pertaining to costs incurred and work performed hereunder <br /> and shall make such materials available at its office during the contract period and <br /> for three years from the date of the final performance report under the contract. Such <br /> materials shall be made available during the specified peri)d for inspection by the State <br /> for the purpose of making audits, examinations, excerpts, and transcriptions, <br /> Page 3 of 7 <br />
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