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08-Move to approve a resolution authorizing an administrative services agreement with Municipal Development Services for administration of the Texas Capital Fund grant for improvements on behalf of the Daisy Brand Operating LLC
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08-Move to approve a resolution authorizing an administrative services agreement with Municipal Development Services for administration of the Texas Capital Fund grant for improvements on behalf of the Daisy Brand Operating LLC
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8/22/2012 4:01:28 PM
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2/5/2010 1:50:56 PM
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CITY CLERK
Doc Name
08
Doc Type
Agenda
CITY CLERK - Date
2/8/2010
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EXHIBIT C <br />TERMS AND CONDITIONS <br />Termination of Contract for Cause. If, through any cause, the Consultant shall fail to fulfill in a <br />timely and proper manner his/her obligations under this Contract, or if the Consultant shall <br />violate any of the covenants, agreements, or stipulations of this Contract, the City shall <br />thereupon have the right to terminate this Contract by giving written notice to the Consultant of <br />such termination and specifying the effective date thereof, at least five days before the effective <br />date of such termination. In such event, all finished or unfinished documents, data, studies, <br />surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this <br />Contract shall, at the option of the City, become its property and the Consultant shall be entitled <br />to receive just and equitable compensation for any work satisfactorily completed hereunder. <br />Notwithstanding the above, the Consultant shall not be relieved of liability to the City for <br />damages sustained by the City by virtue of any breach of the Contract by the Consultant, and the <br />City may withhold any payments to the Consultant far the purpose of set-off until such time as <br />the exact amount of damages due the City from the Consultant is determined. <br />2. Termination for Convenience of the City. The City may terminate this Contract at any time by <br />giving at least ten (10) days notice in writing to the Consultant. If the Contract is terminated by <br />the City as provided herein, the Consultant will be paid for the time provided and expenses <br />incurred up to the termination date. If this Contract is terminated due to the fault of the <br />Consultant, Paragraph 1 hereof relative to termination shall apply. <br />3. Changes. The City may, from time to time, request changes in the scope of the services of the <br />Consultant to be performed hereunder. Such changes, including any increase or decrease in the <br />amount of the Consultant's compensation, which are mutually agreed upon by and between the <br />City and the Consultant, shall be incorporated in written amendments to this Contract. <br />4. Personnel. <br />a. The Consultant represents that he/she has, or will secure at his own expense, all personnel <br />required in performing the services under this Contract. Such personnel shall not be employees <br />of ar have any contractual relationship with the City. <br />b. All of the services required hereunder will be performed by the Consultant or under <br />his/her supervision and all personnel engaged in the work shall be fully qualified and shall be <br />authorized or permitted under State and Local law to perform such services. <br />c. None of the work or services covered by this Contract shall be subcontracted without the <br />prior written approval of the City. Any work or services subcontracted hereunder shall be <br />specified by written contract or agreement and shall be subject to each provision of this Contract. <br />12 <br />~ <br />
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