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Reso 2001-394
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Reso 2001-394
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Last modified
6/11/2013 4:43:33 PM
Creation date
7/28/2006 1:03:58 PM
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Template:
CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2001-394
Date (mm/dd/yyyy)
11/13/2001
Description
Grant w/ County, Fed. Drug Control & System Improv. Program
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<br />B. County Remedies. If the Provider breaches this Contract, the County may <br />pursue any or all of the following remedies: <br /> <br />1. The County may terminate this Contract by giving written notice to the <br />Provider of such termination and specifying the effective date thereof at least five (5) days <br />before the effective date of termination. In the event of termination, the County may: (a) <br />request the return of all finished or unfinished documents, data studies, surveys, drawings, <br />maps, models, photographs, reports prepared and secured by the Provider with County funds <br />under this Contract; (b) seek reimbursement of County funds allocated to the Provider under <br />this Contract; (c) terminate or cancel any other contracts entered into between the County and <br />the Provider. The Provider shall be responsible for all direct and indirect costs associated with <br />such termination, including attorney's fees; <br /> <br />2. The County may suspend payment in whole or in part under this Contract <br />by providing written notice to the Provider of such suspension and specifying the effective date <br />thereof, at least five (5) days before the effective date of suspension. If payments are <br />suspended, the County shall specify in writing the actions that must be taken by the Provider as <br />condition precedent to resumption of payments and shall specify a reasonable date for <br />compliance. The County may also suspend any payments in whole or in part under any other <br />contracts entered into between the County and the Provider. The Provider shall be responsible <br />for all direct and indirect costs associated with such suspension, including attorney's fees; <br /> <br />3. The County may seek enforcement of this Contract including but not <br />limited to filing action with a court of appropriate jurisdiction, The Provider shall be responsible <br />for all direct and indirect costs associated with such enforcement, including attorney's fees; <br /> <br />4. The County may debar the Provider from future County contracting; <br /> <br />5. If, for any reason, the Provider should attempt to meet its obligations <br />under this Contract through fraud, misrepresentation or material misstatement, the County <br />shall, whenever practicable terminate this Contract by giving written notice to the Provider of <br />such termination and specifying the effective date thereof at least five (5) days before the <br />effective date of such termination. The County may terminate or cancel any other contracts <br />which such individual or entity has with the County. Such individual or entity shall be <br />responsible for all direct or indirect costs associated with such termination or cancellation, <br />including attorney's fees. Any individual or entity who attempts to meet its contractual <br />obligations with the County through fraud, misrepresentation or material misstatement may be <br />disbarred from County contracting for up to five (5) years; <br /> <br />6. Any other remedy available at law or equity. <br /> <br />C. The County Manager is authorized to terminate this Contract on behalf of the <br /> <br />County. <br /> <br />D. DamaQes Sustained. Notwithstanding the above, the Provider shall not be <br />relieved of liability to the County for damages sustained by the County by virtue of any breach <br />of the Contract, and the County may withhold any payments to the Provider until such time as <br /> <br />Revised 6/14/01 <br /> <br />5 of 13 <br />
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