12-10-12 Regular Meeting of La Porte City Council

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Contract # The General Provisions, Special Provisions and Attachments, as provided herein, constitute the complete agreement between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. Except as otherwise provided herein, this Agreement cannot be modified without written consent of the parties. ARTICLE 5 SCOPE OF SERVICES The services to be performed by the Contractor are outlined in the Special Provisions of this Agreement. ARTICLE 6 PERFORMANCE PERIOD This Agreement shall be performed during the period which begins December 1, 2012 and ends September 30, 2013. The work under this Agreement shall begin immediately following a formal Notice to Proceed. ARTICLE 7 REPORTING REQUIREMENTS Reporting requirements are set forth in the Special Provisions of this Agreement. If the Contractor fails to submit to H-GAC in a timely and satisfactory manner any report required by this Agreement, or otherwise fails to satisfactorily render performances hereunder, H-GAC may withhold payments otherwise due and owing the Contractor hereunder. If H-GAC withholds such payments, it shall notify the Contractor of its decision and the reasons therefor. Payments withheld pursuant to this Article may be held by H-GAC until such time as the delinquent obligations for which funds are withheld are fulfilled by the Contractor. The Contractor's failure to timely submit any report may also be considered cause for termination of this Agreement. ARTICLE 8 PAYMENTS The Contractor agrees that payments are predicated upon properly documented and verified proof of performance delivered and costs incurred by the Contractor in accordance with the terms of this Agreement and shall be paid in accordance with the Compensation Schedule in the Special Provisions. ARTICLE 9 NON FUNDING CLAUSE Each payment obligation of H-GAC created by this Agreement is conditioned upon the availability of state or federal funds appropriated or allocated for the payment of such obligations. H-GAC shall not be otherwise obligated or liable for any future payments due or for any damages as a result of interruption of payment or termination under this Article. ARTICLE 10 INSURANCE The Contractor shall maintain insurance coverage for work performed or services rendered under this Agreement as specified in the Special Provisions. ARTICLE 11 REPAYMENTS The Contractor understands and agrees that it shall be liable to repay and shall repay upon demand to H-GAC any amounts determined by H-GAC, its independent auditors, or any agency of state or federal government to have been paid in violation of the terms of this Agreement. page 2 of 8 H-GAC 10/98