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<br />a construction program designed to improve the bicycle and the pedestrian safety of <br />school age children; and <br /> <br />WHEREAS, federal and state laws require local governments to meet certain contract <br />standards relating to the management and administration of State and federal funds; <br />and <br /> <br />WHEREAS, the Texas Transportation Commission passed Minute Order 109162 <br />awarding funding for projects in the 2002 Program Call, including the Project; and <br /> <br />WHEREAS, the rules and procedures for the selection and administration of the Safe <br />Routes to School Program are established in 43 Texas Administrative Code (TAC) <br />9925.500 et seq.; and <br /> <br />WHEREAS, the governing body of the Local Government has approved entering into <br />this Agreement by resolution or ordinance dated 9 June 2003, which is attached hereto <br />and made a part hereof as Attachment A; <br /> <br />NOW, THEREFORE, in consideration of the premises and of the mutual covenants and <br />agreements of the parties hereto, to be by them respectively kept and performed as <br />hereinafter set forth, it is agreed as follows: <br /> <br />AGREEMENT <br /> <br />1. Period of the Agreement <br />This Agreement becomes effective when signed by the last party whose signing <br />makes the Agreement fully executed. This Agreement shall remain in effect until <br />terminated as provided in Article 2. <br /> <br />2. Termination of this Agreement <br />This agreement may be terminated by any of the following conditions: <br />. by mutual written consent and agreement of all parties. <br />. by any party with 90 days written notice. <br />. by either party, upon the failure of the other party to fulfill the obligations as set <br />forth in this Agreement. Any cost incurred due to such breach of contract shall be <br />paid by the breaching party. <br /> <br />A. The termination of this Agreement shall extinguish all rights, duties, obligations <br />and liabilities of the State under this Agreement. If the potential termination of <br />the Agreement is due to the failure of the Local Government to fulfill its <br />contractual obligations, the State will notify the Local Government that possible <br />breach of contract has occurred. The Local Government should make every <br />effort to remedy the breach within a period mutually agreed upon by both parties. <br />B. If the Local Government withdraws from the Project after this Agreement is <br />executed, it shall be responsible for all direct and indirect Project costs as <br />identified by the State's cost accounting system. <br /> <br />AF A - Safe Rts2School <br /> <br />Page 2 of 13 <br />