Res 1980-025 - Laserfiche WebLink

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I I I , , STATE OF TEXAS ~ COUNTY OF TRAVIS ~ ToeA Sect i on 1. Parties to the Contract This contract and agreement is made and entered into by and between the Texas Department of Community Affairs, an agency of the State of Texas, herein- after referred to as "Department" and the City of San Marcos, Texas , hereinafter referred to as "Contractor". The parties hereto have severally and collectively agreed and by the execution hereof are bound to the mutual obliga- tions and to the performance and accomplishment of the tasks hereinafter described. Section 2. Statement of Services The Contractor hereby covenants to perform in a complete and satisfactory manner the personnel management and/or training activities listed in Attachment B (Project Narrative) which is attached hereto and hereby made a part of this con- tract. In addition to the performances specified in Attachment B, the Contractor shall perform in a complete and satisfactory manner the performances described in the Program Narrative of Contractor's application to the Office of Personnel Management for the funds provided under this contract, such Program Narrative being included in the Texas 1980 Local Jurisdiction Plan. This Program Narrative is incorporated herein by this reference as if fully rewritten, and Contractor covenants that it shall comply with the terms and conditions of the Program Narrative, except that any conflicts between the Program Narrative and Attachment B shall be resolved by giving precedence the terms and conditions specified in Attachment B. Section 3. Department Obligations A. Measure of Liability In consideration of full and satisfactory performance by the Contractor of the services stated in this contract, Texas Department of Community Affairs shall be liable to the Contractor in an amount equal to the actual costs in- curred by the Contractor for performances rendered hereunder subject to the provisions of this Section enumerated below: 1. Department shall not reimburse the Contractor for expenditures made in violation of the provisions of the "IPA Grant Administration Handbook" which shall be furnished to Contractor by Department and receipt of which by Contractor is acknowledged by the execution of this contract. 2. Department shall not be liable to Contractor for any costs of a type not specified by the cost categories numbered A through K of Attachment A (Budget) of this contract and shall not be liable to Contractor for any of those costs enumerated as A through K of Attachment A (Budget) which exceeds the amounts identified for each such cost category in the column entitled "TDCA Obligation". 3. Notwithstanding the provisions of subsection D below, it is exoressly understood and agreed by the parties hereto that Department's obli- gations hereunder are contingent upon actual receipt of adequate funds from the United States Office of Personnel Management to meet its obligations hereunder. Department will notify the Contractor in writing if it has not received adequate funds from the United States Office of Personnel Management to make payments to the Con- tractor under this contract. Under these aforementioned circum- stances, Department will not be legally liable to the Contractor for Department's failure to make payments to the Contractor under this contract. The Contractor fully understands and agrees to this provision. 4. Department shall not be liable to Contractor for costs incurred by Contractor before commencement of this contract or after the term- ination of this contract.