awarding any third-party subcontract of any amount, at any tier, to a debarred or suspended
subcontractor, and to obtain a similar certification for any third-party subcontractor, at any tier, seeking
a contract exceeding $25,000.00.
10. Fly America Requirements.
For contracts involving transportation of persons or property, by air between the U.S. and/or places outside
the U.S. These requirements do not apply to micro-purchases ($3,500 or less, except for construction
contracts over $2,000).
Contractor shall comply with 49 USC 40118 (the “Fly America’ Act) in accordance with General Services
Administration regulations 41 CFR 301-10, stating that recipients and subrecipients of Federal funds and
their contractors are required to use US Flag air carriers for US Government-financed international air
travel and transportation of their personal effects or property, to the extent such service is available, unless
travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. Contractor shall
submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining
why service by a US flag air carrier was not available or why it was necessary to use a foreign air carrier
and shall, in any event, provide a certificate of compliance with the Fly America requirements. Contractor
shall include the requirements of this section in all subcontracts that may involve international air
transportation.
11. Breaches and Dispute Resolution
Dispute Resolution. The parties shall attempt to resolve any dispute related to this Contract as
follows. Either party shall provide to the other party, in writing and with full documentation to
verify and substantiate its decision, its stated position concerning the dispute. No dispute shall
be considered submitted and no dispute shall be valid under this provision unless and until the
submitting party has delivered the written statement of its position and full documentation to the
other party. The parties shall then attempt to resolve the dispute through good faith efforts and
negotiation. Unless otherwise directed by the City, at all times Seller shall continue
performance under the Contract Documents while matters in dispute are being resolved. If the
parties are unable to resolve their dispute as described above within 30 days, the parties’ reserve
the right to pursue any available legal and/or equitable remedies for any breaches of this contract
except as that right may be limited by the terms of this Contract.
Should either party to the Contract suffer injury or damage to person or property because of any
act or omission of the party or of any of its employees, agents or others for whose acts it is
legally liable, a claim for damages therefore shall be made in writing to such other party as soon
as practicable after the first observance of such injury or damage.
Duties and obligations imposed by the Contract Documents and the rights and remedies available
thereunder shall be in addition to and not a limitation of any duties, obligations, rights and
remedies otherwise imposed or available by law.
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