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Res 2002-203
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Res 2002-203
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6/29/2006 4:13:38 PM
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6/29/2006 4:12:39 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
2002-203
Date
11/4/2002
Volume Book
149
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<br />CAPCO may, from time to time, require changes in the Scope of the Services of the <br />SUBCONTRACTOR to be performed hereunder. Such changes that are mutually agreed upon by and <br />between CAPCO and the SUBCONTRACTOR in writing shall be incorporated into this Contract. <br /> <br />Any changes in personnel whose salaries are funded under this Contract or any other Contract <br />amendments, including increasing or decreasing the amount of total funding, altering budget category <br />allocations, extending or shortening the term of the agreement, or making significant changes in the scope <br />of work, schedule or deliverables, must be approved in advance by CAPCO. A detailed description of <br />the proposed change(s) shall be submitted in writing by the SUBCONTRACTOR to CAPCO for <br />approval. Authorization to amend the Contract will be documented in writing and copies of the <br />authorization retained in the files of both CAPCO and SUBCONTRACTOR. <br /> <br />Article 10: <br /> <br />Termination of Contract for Convenience <br /> <br />a) CAPCO may terminate this Contract in whole or part for its convenience. CAPCO terminates <br />this Contract for convenience by giving SUBCONTRACTOR at least 30 calendar days notice of <br />the termination, specifying the termination date, and describing the part or arts terminated. <br /> <br />b) Upon receipt of the termination notice, SUBCONTRACTOR agrees to stop work on or before the <br />termination date, cancel all subcontracts and orders entered into under this Contract, and settle all <br />claims resulting from cancellation of the subcontracts and orders. If CAPCO terminates only part <br />of the Contract, Contractor agrees to complete the un-terminated part if CAPCO so requests. <br /> <br />c) At CAPCO's request, following termination of the Contract for convenience, <br />SUBCONTRACTOR agrees to transfer title and deliver to CAPCO, at CAPCO's expense, all <br />work produced in performing this Contract. SUBCONTRACTOR agrees to preserve and protect <br />the work until it is delivered to CAPCO. <br /> <br />d) SUBCONTRACTOR agrees to submit to CAPCO a written termination claim itemizing and <br />documenting the amounts due because of termination of the Contract. If Contractor does not <br />submit the termination claim within 90 calendar days from the effective date of termination, <br />SUBCONTRACTOR's termination claim is barred. <br /> <br />e) If SUBCONTRACTOR's termination claim is timely submitted, complete, and correct, CAPCO <br />agrees to pay SUBCONTRACTOR the following amounts in full settlement of <br />SUBCONTRACTOR's termination claim: (1) the reasonable cost of all work performed through <br />the date of termination; and (2) the reasonable cost of settling and paying claims resulting from <br />cancellation of subcontracts and orders. However, CAPCO's total payment under this paragraph <br />may not exceed the total Contract price, less amounts already paid SUBCONTRACTOR under <br />this Contract, any lawful offsets, and the Contract price for any work not terminated. <br /> <br />Article 11: Suspension or Termination of Contract for Unavailability of Funds <br /> <br />a) SUBCONTRACTOR acknowledges that CAPCO is a governmental entity without taxing power <br />and that its only source for paying SUBCONTRACTOR under this Contract is the Municipal <br />Solid Waste Disposal and Transportation Revenue Fee administered by TCEQ under Contract <br />with CAPCO. If TCEQ suspends or terminates its Contract with CAPCO, SUBCONTRACTOR <br />agrees that CAPCO may suspend its payment obligations under or terminate this Contract in <br />whole or part if CAPCO learns that funds to pay for all or part of the goods or services will not be <br /> <br />CAPCO FY2003 Solid Waste Inter/oeal Contract <br /> <br />28 <br />
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