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Res 2020-032/approving an agreement with Texas State University, San Marcos Consolidated Independent School District, and Hays County providing for the joint funding of a contract with Community Action, Inc. of Central Texas to provide personnel to serve
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Res 2020-032/approving an agreement with Texas State University, San Marcos Consolidated Independent School District, and Hays County providing for the joint funding of a contract with Community Action, Inc. of Central Texas to provide personnel to serve
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4/28/2020 11:34:39 AM
Creation date
3/18/2020 8:19:32 AM
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Resolutions
City Clerk - Type
Agreement
Number
2020-32
Date
3/3/2020
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III. TERM <br />The term of this Agreement will commence on the Effective Date and will continue <br />for two years unless sooner terminated in accordance with other terms of this Agreement. <br />IV. MISCELLANEOUS PROVISIONS <br />4.1. Cooperation. The Parties agree to cooperate with each other in good faith at all <br />times during the term of this Agreement in order to achieve the purposes and intent of this <br />Agreement. Each Party to this Agreement acknowledges and represents that this Agreement has <br />been executed by its duly authorized representative. <br />4.2. Funding. The Parties acknowledge that funding under this Agreement will be made <br />from current revenues legally available to each of the Parties. <br />4.3. Entire Agreement. This Agreement contains the entire agreement between the <br />Parties and supersedes all prior understandings and agreements between the Parties regarding such <br />matters. This Agreement may not be modified or amended except by written agreement executed <br />by all Parties. No Party may assign this Agreement without the written consent of the other Parties. <br />4.4. Invalid Provisions; Severability. Should any provision in this Agreement be <br />found or deemed invalid by a court of competent jurisdiction, this Agreement will be construed as <br />not containing the provision and all other provisions that are otherwise lawful will remain in full <br />force and effect, and to this end, the provisions of this Agreement are declared severable. <br />4.5. Applicable Law. This Agreement is governed by the laws of the State of Texas. <br />Exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. <br />4.6. Public Information Act. The Parties are governed by the Texas Public Information <br />Act, Chapter 552 of the Texas Government Code. This Agreement and all written information <br />generated under this Agreement may be subject to release under the Act. <br />4.7. Termination. Any Party may terminate this Agreement by giving at least 60 days' <br />advance written notice of tennination to the other Parties. In such event, the terminating Party shall <br />remain responsible for payment to the City of its share of funding for any amounts due to <br />Community Action, Inc. under its Youth Services Director contract with the City through the <br />actual date such contract may be and is terminated by the City as a result of the Party's termination <br />under this paragraph. After termination of this Agreement, each Party shall be reimbursed their <br />respective share of any unexpended funds held by the City, if any. <br />4.8. Binding Effect; Assignment. This Agreement shall take effect immediately upon <br />the Effective Date and shall inure to the benefit of and be binding upon the administrators, <br />successors and assigns of the Parties. The City, the Parties will not assign or transfer any interest <br />in this Agreement. <br />4.9. Limitation on Liability and Immunity. The Parties each reserve their applicable <br />
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