Res 2012-155 - Laserfiche WebLink

Home Browse Search

Funding Contract becomes null and void for all purposes 90 days after the date of final action taken by the Service and no Party is required to give additional written notice under Article IX. ARTICLE IV. PERFORMANCE A. San Marcos /Texas State University agrees to devote its diligent and professional efforts and abilities to implement each Conservation Measure, shown here, and for which Program Funding is approved in accordance with Table 1 of the approved Funding Application. EAHCP Mitigation No. Conservation Measure 5.3.1 & 5.4.1 Texas Wild Rice Enhancement /Restoration 5.3.6 & 5.4.4 Sediment Removal 5.3.8 & 5.4.3 & 5.4.12 5.3.3 & 5.4.3 5.3.5 &5.3.9 &5.4.11 &5.4.13 5.4.6 5.7.6 & 5.7.2 5.3.2 & 5.4.2 5.7.1 5.3.7 6.3.1 5.7.4 Non - Native Plant Species Control Management - Floating Vegetation Mats & Litter Non - Native Animal Species Control Sessom Creek Sand Bar Bank Stabilization/Permanent Access Points Native Riparian Habitat Restoration Management - Key Recreation Areas LID /BMP Management Household Hazardous Waste Management Education B. It shall be San Marcos /Texas State University' responsibility to ensure that each Conservation Measure is completed in accordance with the schedules, budgets, descriptions and specifications contained in the approved Application. C. San Marcos /Texas State University will provide, solely by and through its contractors, any and all personnel necessary for the implementation of the Conservation Measures included in the approved Application. San Marcos /Texas State University hereby indemnifies and holds harmless the EAA, its officers, employees and directors, from and against any claims brought by any contractor, subcontractor or other agent of San Marcos /Texas State University relating in any way to the work performed under this Funding Contract. D. When implementing the Conservation Measures included in the approved Application, San Marcos /Texas State University may retain and utilize, as its contractors, only those individuals identified in the approved Application and listed in Exhibit A, attached hereto. The EAA shall not have the right to terminate, limit, or alter, at any time, the participation of any contractor or subcontractor utilized by San Marcos /Texas State University. No additional contractors may be retained by San Marcos /Texas State University to perform any work related to the approved Application without the prior written consent of the EAA. San Marcos /Texas State University will be responsible for its contractors in all respects including their compliance with applicable laws and their safety, including without limitation, all Occupational Safety and Health Administration (OSHA) standards, requirements, and regulations. E. San Marcos /Texas State University warrants that it will implement the Conservation Measures described in the approved Application in a good and workmanlike manner, strictly in 5of15