2011-356 Co Manager - TJCOG electric vehicle charging stations

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Contract No. TJCOG- CBS -004 places, available for employees and applicants for employment, notices to be provided by the State setting forth the provisions of the nondiscrimination clause. Failure to comply with the conditions of this clause may result in the declaration of Contractor ineligibility, the termination of this Agreement, or the withholding of funds. ARTICLE 9. SMALL BUSINESS AND NHNORTTY -OWNED BUSINESSES The Contractor shall make positive efforts to utilize small business and minority -owned business sources of supplies and services. Such efforts should allow these sources the maximum feasible opportunity to compete for contracts or subcontracts to be performed utilizing state or federal funds. ARTICLE 10. TERMINATION AT WILL TJCOG may terminate this Agreement at any time at its sole discretion upon thirty (30) days written notice to the Contractor. Upon termination, TJCOG's liability shall be limited to the actual costs incurred in carrying out the project as of the date of termination plus any termination expenses having prior written approval of TJCOG. The Contractor may request, in writing, to terminate this Agreement. At its discretion, TJCOG may approve the termination request. If the termination request is approved, TJCOG and the Contractor shall mutually agree upon the termination date. Upon termination the Contractor shall refund to TJCOG any payment made by TJCOG to the Contractor which exceeds actual costs incurred in carrying out the project as of the date of termination. ARTICLE 11. TERMINATION FOR NONAPPROPRIATION The parties reserve the right to terminate this Agreement in whole or in part without penalty due to non - appropriation of necessary funds with thirty (30) days prior written notice. ARTICLE 12. CANCELLATION FOR CAUSE TJCOG may cancel this Agreement if, through any cause, the Contractor fails to fulfill its obligations hereunder in a timely and proper manner, or violates any of the provisions of this Agreement. TJCOG shall give the Contractor 30 days written notice of its intent to cancel under this provision. TJCOG may allow the Contractor time to cure any default or violation at its sole discretion. Upon cancellation, TJCOG's liability shall be limited to any undisputed costs incurred in carrying out the project as of the date of cancellation. In the event this Agreement is canceled by TJCOG, the Contractor shall refund to TJCOG any payment made by TJCOG to the Contractor which exceeds actual costs incurred in carrying out the project as of the date of cancellation. ARTICLE 13. FAILURE TO PERFORM TJCOG reserves the right to suspend payment of funds if required reports are not provided to TJCOG on a timely basis or if performance of contracted activities is not evidenced. TJCOG further reserves the right to suspend payment of funds under this Agreement if there are deficiencies related to the required reports or if performance of contracted activities is not evidenced on other contracts between TJCOG and the Contractor in whole or in part. The Contractor's management and financial capability including, but not limited to, audit results and performance may be taken into consideration in any or all future determinations by TJCOG and may be a factor in a decision to withhold payment and may be cause for termination of this Agreement. ARTICLE 14. PUBLICATIONS The Contractor may publish materials produced under this Agreement subject to the following conditions: Page 4 of 34