Res 2000-091 - Laserfiche WebLink

Home Browse Search

which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. 3.7 The City of San Marcos is governed by the Texas Public Information Act, Chapter 552 of the Texas Government Code. This Agreement and all written information generated under this Agreement may be subject to release under this Act. 3.8 In performing this Agreement, Subrecipient will comply with all local, state and federal laws. ARTICLE 4 SUSPENSION AND TERMINATION 4.1 If Subrecipient fails to fulfill in a timely and proper manner its obligations under this Agreement, or violates any of the terms or conditions of this Agreement, then the Subrecipient will have thirty (30) days from the date it receives written notice from the City directing it to cure or correct the defects or failures to comply. Should Subrecipient fail to make corrections as directed by the City, and such breach of contract results in a violation of federal law or regulation for which the City receives a demand of reimbursement of grant funds from HUD or its successor, the City may terminate this contract immediately, and may recover from the Subrecipient the amount sought by HUD for reimbursement, up to the full amount of funds the Subrecipient has received from the City. 4.2 Subrecipient will not be relieved of the liability to the City for damages sustained by the City by virtue of any breach of this contract by Subrecipient and City may withhold payment to Subrecipient until the exact amount of monetary damages due the City from Subrecipient is determined. 4.3 If the City becomes aware of any Subrecipient activity which could jeopardize the City's position with HUD and cause the City to return CDBG funds or other federal funds received by the City, the City may take appropriate action, including injunctive relief against the Subrecipient, to terminate or prevent the activity. Failure of the City to exercise this right will not constitute a waiver by the City of its right to demand payment or to seek any other relief in law or in equity to which it may be entitled. ARTICLE 5 PAYMENTS 5.1 For work completed by the Subrecipient, the City agrees to reimburse Subrecipient in an amount not to exceed for services Subrecipient performs in accordance with the Statement of Work. For work completed on the Subrecipient's behalf by a licensed contractor, the City agrees to pay the contractor in an amount not to exceed for services the contractor performs 4