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Res 2014-161/Approving an annual State Use Contract between the City of San Marcos and Goodwill Temporary Services, Inc. through TIBH Industries, Inc. for the provision of janitorial services for the City Activity Center, Police Department, Public Librar
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Res 2014-161/Approving an annual State Use Contract between the City of San Marcos and Goodwill Temporary Services, Inc. through TIBH Industries, Inc. for the provision of janitorial services for the City Activity Center, Police Department, Public Librar
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City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
2014-161
Date
11/18/2014
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ARTICLE 6. PAYMENT FOR SERVICES <br />The Receiving Party shall pay the Performing Party, or as directed, to TIBH as the <br />assignee and servicing agent of the Performing Party's interest in the payment under this contract; <br />and such payment shall be for goods and services received; and such payment shall be made <br />upon receipt of a proper invoice or voucher prepared by the Performing Party's Assigned <br />Sheltered Work Center or TIBH; and such payment shall be made within thirty (30) days from <br />receipt of such proper invoice or voucher. <br />Payment by the Receiving Party to the Performing Party, or TIBH as its assignee, shall be <br />based upon bills presented monthly, with billing based upon the actual performance of the <br />specified work by location. <br />ARTICLE 7. TERMINATION <br />This Agreement may be terminated under any one of the following conditions: <br />1. By mutual agreement and consent of both parties. <br />2. By the Receiving Party giving written notice to the Performing Party and the Certifying <br />Party as a consequence of failure by the Performing Party to satisfactorily perform the <br />services and obligations set forth in this Agreement, with proper allowances being made <br />for circumstances beyond the control of the Performing Party. <br />3. By either party upon thirty (30) days written notice to the other. <br />ARTICLE 8. REMEDIES <br />Violation or breach of contract terms by the Performing Party shall be grounds for <br />termination of the Agreement, and any increased costs arising from the Performing Party's <br />default, breach of contract, or violation of terms shall be paid by the Performing Party. This <br />Agreement shall not be considered as specifying the exclusive remedy for any default, but all <br />remedies existing at law and in equity may be availed of by either party and shall be cumulative. <br />ARTICLE 9. SUBLETTING <br />The Performing Party shall not sublet or transfer any portion of its responsibilities and <br />obligations under this Agreement unless specifically authorized to do so in writing by the <br />Receiving Party. <br />ARTICLE 10. SUCCESSORS AND ASSIGNS <br />The Performing Party shall not assign or otherwise transfer its rights or obligations under <br />this Agreement except with the prior written consent of the Receiving Party. <br />14 <br />
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