2011-092 RES APPROVING LANDSCAPE PARTNERSHIP PROGRAM AGREEMENT BETWEEN THE CITY AND TXDOT

Home Browse Search

ARTICLE 9. SIGNAGE A. A sign may be erected at the project site that announces participation in the program. The sign shall be four feet by four feet and shall conform to the current Texas Manual on Uniform Traffic Control Devices. The Local Government must maintain the sign for the duration of the project and pay for all associated costs. B. All signs shall be approved by the State before installation. C. This agreement does not give the Local Government any right to display or permit any other party to display literature, memorabilia, artifacts, or anything else in or around the landscape project, with the exception of the project itself. The Local Government shall follow all current TxDOT rules, polices, procedures, and regulations, which may be modified by the State at any time without notice. ARTICLE 10. TERMINATION A. This agreement may be terminated by: mutual written agreement and consent of both parties; the State upon the Local GovernmenYs violation of contract terms or failure to fulfill the obligations of this agreement; or the State if it determines that the performance of the project is not in the best interest of the State. B. If the Local Government fails to maintain the project in accordance with Attachment C, Maintenance Schedule, the project shall be subject to removal at the State's discretion and at the Local GovernmenYs expense. C. If the project is not installed within one year of the date of execution of this agreement, this agreement shall be terminated. In the event the Project is not completed, the State shall seek reimbursement from the Local Government for repairs to the State Property, for removal of debris or any other necessary restoration work as a result of the project. The State shall bill the Local Government at cost and the Local Government shall make full and complete payment to the State within thirty (30) days from receipt of State's written notification. ARTICLE 11. NOTICES All notices to either party by the other required under this agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses: Local Government: State: Mail To: De/iver To: City of Paris City Manager District Engineer Texas Department of Transportation District Engineer Texas Department of Transportation P.O. Box 9037 Paris, TX. 75461 All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party. ARTICLE 12. SOLE AGREEMENT In the event the terms of the agreement are in conflict with the provisions of any other existing agreements between the Local Government and the State, the latest agreement shall take precedence over the other agreements in matters related to the Project. ARTICLE 13. AMENDMENTS By mutual written consent of the parties, this contract may be amended prior to its expiration. ARTICLE 14. EMPLOYEES NOT TO BENEFIT Texas Transportation Commission policy mandates that employees of the Texas Department of Transportation shall not accept any benefit, gift or favor from any person doing business with or who reasonably speaking may do business with the State under this contract. The only exceptions allowed are ordinary business lunches and items that have received the advance written approval of the Executive Director of the Texas Department of Transportation. ARTICLE 15. DISPUTES In the event of disputes as to obligations under the agreement, the State's decision shall otherwise be final and binding. Landscape-Partnership_Govt Page 3 of 8 Rev. 01/22/08