Res 2003-032 - Laserfiche WebLink

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A Except as specifically provided otherwise in this contract, any alterations, additions, or deletions to the te s of this contract shall be by amendment hereto in writing and executed by both parties to this contract. B. It is understood and agreed by the parties hereto that performances under this contract must be rendered in accordance with the Act, the Regulations, the assurances and certifications made to City by Company, and the assurances and certifications made to ORCA by the City of San Marcos with regard to the operation of the Texas Community Development Program. Based on these considerations, and in order to ensure the legal and effective performance of this contract by both parties, it is agreed by the parties hereto that the performances under this contract are amended by the provisions of the most recent version of the With Strings Attached Implementation Manual and any amendments thereto and may further be amended in the following manner: City may from time to time during the period of performance of this contract issue policy directives which serve to establish, interpret, or clarify performance requirements under this contract. Such policy directives shall be promulgated by City in the form of RLF issuances, shall have the effect of qualifying the terms of this contract and shall be binding upon Company, as if written herein, provided however that such policy directives and any amendments to said Manual shall not alter the terms of this contract so as to release City of any obligation specified in Section 4 of this contract to reimburse costs incurred by Company prior to the effective date of such amendments or policy directives. C. Any alterations, additions, or deletions to the terms of this contract which are required by changes in Federal or State law or regulations are automatically incorporated into this contract without written amendment hereto, and shall become effective on the date designated by such law or regulation. D. Notwithstanding Subsection A of this Section, Company may make transfers of funds between or i"mong budget categories of Exhibit B, Budget, without requiring an amendment to this contract, or 8rwise requiring City's prior written approval, provided that: 1. The cumulative dollar amount of all transfers among direct budget categories is equal to or less than five percent (5%) of the total amount of this contract as specified in Section 4.C herein; 2. The transfer will not change the scope or objective of the projects funded under this contract; and, 3. Company submits a budget revision report to City, on a form specified by City, simultaneously with the submission of Company's first request for payment following any such transfers made in accordance with this subsection. SECTION 17. SUSPENSION Notwithstanding the provisions of Tex. Gov't Code Ann. Chapter 2251, in the event Company fails to comply with any term of this contract, City may, upon written notification to Company, suspend this contract in whole or in part and withhold further payments to Company, and prohibit Company from incurring additional obligations of funds under this contract. SECTION 18. TERMINATION A. City will have the right to terminate this contract, in whole or in part, at any time before the date of --mpletion specified in Section 2 of this contract whenever City determines that Company has failed to mply with any term of this contract. City will notify Company in writing of the reasons for a termination, J effective date of the termination, and in the case of partial termination, the portion of the contract to be terminated. B. Either of the parties to this contract shall have the right to terminate this contract, in whole or in part, when both parties agree that the continuation of the activities funded under this contract would not produce RLF Contract Page 7