Res 1995-219 - Laserfiche WebLink

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TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT !Z:¡c.. propose to assume the largest percentage of subsequent project costs. Cost Assumption Planning is not applicable to state or Federal Highway Administration funded projects, Certain categories of funds may be exempted by the federal government from the time limit requirement. Unless exempted, all federally-funded agreements are considered to be subject to the time limit provision, Funding support for all state-funded projects will be limited to the term of the agreement. Any extension beyond that time will be negotiated on a case-by-case basis. ARTICLE 3. LIMITATION OF LIABILITY Because funds are authorized on a fiscal year basis only, payment of costs incurred hereunder is contingent upon the availability of funds. 'i . If at any time during the agreement period the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Sub grantee, giving notice of intent to terminate the agreement. Such termination will be conducted in such a manner that will minimize disruption to the Sub grantee and the Department, and as further specified in General Provision G9, Termination, The Sub grantee, if ofuer than a.State agency, shall be responsible for settlement of any and all claims and lawsuits by third parties arising from or incident to the Department's non-payment of the Subgrantee's claim under this agreement. The Sub grantee expressly acknowledges that its responsibility includes the payment of all damages, expenses, penalties, fines, costs, charges, and attorney fees, if the claims or lawsuits are based upon the Department's non-payment of claims submitted under this agreement. The Sub grantee shall defend any suits. brought upon all such claims and lawsuits and pay all costs and expenses incidental thereto, but the Department shall have the right at its option to participate in the defense of any suit, without relieving the Sub grantee of any obligation hereunder. . ARTICLE 4. AGREEMENT AMENDMEl'IITS If at any time during the agreement period the Department determines that additional funds are needed to continue the project and the maximum amount payable is insufficient, a written amendment is to be executed to authorize additional funds, if the Department and the Subgrantee determine to continue project funding. Additionally, any changes in the agreement period, agreement terms or responsibilities or the parties hereto shall be enacted by written amendment executed by both parties. The amendment shall be agreed upon by the parties to this agreement and shall state the change to the mutual satisfaction of the parties. In no event will the agreement period be extended unless a written amendment is execúted before the completion date specified in Article 1. ARTICLE 5. ADDITIONAL WORK If the Subgrantee is of the opinion that any work it has been directed to perform is beyond the scope of this agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing. In the event that the Department finds that such work does constitute additional work, the Department shall so advise the Subgrantee and provide compensation for doing this work on the same basis as the origiDal work. If the compensation for the additional work will cause the maximum amount payable to be exceeded, a written amendment will be executed. Any amendment so executed must be approved within the agreement period spe~ified on the cover page to this Grant. Page 4 of 10 7/95