Res 2003-093 - Laserfiche WebLink

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CS J: 0914-33-905 NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until terminated as provided in Article 2. Termination of this Agreement This agreement may be terminated by any of the following conditions: by mutual written consent and agreement of all parties. by any party with 90 days written notice. by either party, upon the failure of the other party to fulfill the obligations as set forth in this Agreement. Any cost incurred due to such breach of contract shall be paid by the breaching party. A. The termination of this Agreement shall extinguish all rights, duties, obligations and liabilities of the State under this Agreement. If the potential termination of the Agreement is due to the failure of the Local Government to fulfill its contractual obligations, the State will notify the Local Government that possible breach of contract has occurred. The Local Government should make every effort to remedy the breach within a period mutually agreed upon by both parties. B. If the Local Government withdraws from the Project after this Agreement is executed, it shall be responsible for all direct and indirect Project costs as identified by the State's cost accounting system. C. A Project may be eliminated from the program as outlined below. If the Project is eliminated for any of these reasons, this Agreement will be appropriately terminated: A Project may be eliminated from the program, and this Agreement terminated, if: i. The Local Government fails to satisfy any requirements of the program rules cited as 43 TAC §25.500 et seq. ii. The implementation of the Project would involve significant deviation from the activities as proposed in the application. iii. The Local Government withdraws from participation in the Project. iv. The State determines that federal funding may be test due to the Project not being implemented and completed. 3. Amendments This Agreement may be amended due to changes in the work or amount of funding required to complete the Project or other material, required changes in the responsibilities of the parties. Such amendment must be made through a mutually agreed upon, written amendment that is executed by the parties. 4. Scope of Work The scope of work for the Project, which is at the location shown in Attachment B, Project Location Map, as described in the application and as approved by the Texas Transportation Commission, involves the extension of sidewalks located on the southeast side of Clyde Street and the southwest side of Perkins Street, includin.q ADA Ramps, at Crockett Elementary School in the City of San Marcos. AFA - AFA_SafeRts2Schoo[ Page 2 of 12 Revised 08/16/02