Res 2024-225 approving an agreement with Community Action, Inc., of Central Texas to provide personnel to serve as a Youth Services Director to administer youth services and programs for the benefit of the City

Home Browse Search

10.2 In the event of termination through no fault of the CAI,CAI shall be equitably compensated for all CAI Services performed and reimbursable expenses incurred prior to termination in accordance with this Agreement. ARTICLE 11 TERM The term of this Agreement will commence on the Effective Date and will continue for two years unless sooner terminated in accordance with applicable provisions of this Agreement. ARTICLE 12 MISCELLANEOUS PROVISIONS 12.1 Entire Agreement. This Agreement supersedes all prior agreements, written or oral, between CAI and City and constitutes the entire and integrated Agreement and understanding between the parties with respect to the subject matter of the Agreement. This Agreement may only be amended by a written instrument signed by both parties. 12.2 Assignment. This Agreement is a personal service contract for the services of CAI, and CAI's interest in this Agreement, duties hereunder and/or fees due hereunder may not be assigned or delegated to a third party. 12.3 Applicable Law. The Agreement will be governed by and construed under the laws of the State of Texas.Any controversy,claim or dispute arising out of or relating to this Agreement will be brought in a state court of competent jurisdiction in Hays County, Texas or, if in federal court, in the Unites States District Court for the Western District of Texas,Austin Division. 12.4 Waiver. A delay or omission by either party in exercising any right or power under the Agreement shall not be construed as a waiver of that right or power. A waiver by either party of any term or condition of the Agreement shall not be construed as a waiver of any subsequent breach of that term or condition or of any other term or condition of the Agreement. 12.5 Severability. If any provision of this Agreement is determined to be invalid or unenforceable in any respect,that determination shall not affect any other provision of this Agreement which shall be interpreted as if the invalid or unenforceable provision had not been included. 12.6 Independent Contractor. CAI recognizes that CAI is engaged as an independent contractor and acknowledges that City shall have no responsibility to provide CAI or its employees with any benefits normally associated with employee status. CAI will neither hold itself out as nor claim to be an officer, partner, employee or agent of City. 12.7 Family Code Child Support Certification. If State funds are being used in in the procurement of the services described in Exhibit 1, pursuant to Section 231.006, Texas Family Code, CAI certifies that it is not ineligible to receive the award of or payments under this Agreement and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. 12.8 Prohibition on Contracts with Companies Boycotting Israel.Pursuant to Chapter 2270 and 808,Texas Government Code, CAI certifies that is not ineligible to receive the award of or payments