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Res 2016-162/approving a funding contract between the City of San Marcos and the Texas Department of State Health Services providing funding for the City’s Women, Infants, and Children (“WIC”) program
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Res 2016-162/approving a funding contract between the City of San Marcos and the Texas Department of State Health Services providing funding for the City’s Women, Infants, and Children (“WIC”) program
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5/4/2017 4:03:51 PM
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12/12/2016 8:28:08 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2016-162
Date
11/15/2016
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8.03 Termination for Cause <br />Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, the System <br />Agency may terminate the Contract, in whole or in part, upon either of the following conditions: <br />a. Material Breach <br />The System Agency will have the right to terminate the Contract in whole or in part if the <br />System Agency determines, at its sole discretion, that Grantee has materially breached the <br />Contract or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public <br />authority having jurisdiction and such violation prevents or suhstantially impairs performance of <br />Grantee's duties under the Contract. Grantee's misrepresentation in any aspect of Grantee's <br />Solicitation Response, if any or Grantee's addition to the Excluded Parties List System (EPLS) <br />will also constitute a material breach of the Contract. <br />h. Failure to Maintain Financial Viability <br />The System Agency may terminate the Contract if, in its sole discretion, the System Agency has <br />a good faith belief that Grantee no longer maintains the financial viability required to complete <br />the Services and Deliverables, or otherwise fully perform its responsibilities under the Contract. <br />8.04 Equitable Settlement <br />Any early termination under this Article will be subject to the equitable settlement of the <br />respective interests of the Parties up to the date of termination. <br />ARTICLE IX MISCELLANEOUS PROVISIONS <br />9.01 Amendment <br />The Contract may only be amended by an Amendment executed by both Parties. <br />9.42 Insurance <br />Unless otherwise specified in this Contract, Grantee will acquire and maintain, for the duration of <br />this Contract, insurance coverage necessary to ensure proper fulfillment of this Contract and <br />potential liabilities thereunder with financially sound and reputable insurers licensed by the <br />Texas Department of Insurance, in the type and amount customarily tamed within the industry <br />as determined by the System Agency- Grantee will provide evidence of insurance as required <br />under this Contract, including a schedule of coverage or underwriter's schedules establishing to <br />the satisfaction of the System Agency the nature and extent of coverage granted by each such <br />policy, upon request by the System Agency. In the event that any policy is determined by the <br />System Agency to be deficient to comply with the terms of this Contract, Grantee will secure <br />such additional policies or coverage as the System Agency may reasonably request or that are <br />required by law or regulation. If coverage expires during the term of this Contract, Grantee must <br />produce renewal certificates for each type of coverage. <br />These and all other insurance requirements under the Contract apply to both Grantee and its <br />Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance with all <br />requirements. <br />System Agency Contract No. 2017-049738-001 <br />Page 14 of 19 <br />v. 11.36.15 <br />
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