Res 2013-195/Approving an agreement w/Alliance Work Partners for employee assistance program

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instruments will be deemed to have been delivered when actually delivered in person to the respective party, or if mailed, done in accordance with this section on the mailing date. 12. MISCELLANEOUS PROVISIONS a) The AGREEMENT is governed by the law of the State of Texas. The AGREEMENT is to be performed in Hays County and exclusive venue for any dispute arising under the AGREEMENT is in Hays County, Texas. b) As to all acts or failures to act by either party to the AGREEMENT, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued when the party commencing the cause of action knew or should have known of the existence of the subject act or failure to act. c) The CITY, its auditors and federal and state agencies that have monitoring or auditing responsibilities for the AGREEMENT will have access to any books, documents, papers and records of AWP which are directly pertinent to the AGREEMENT for the purpose of making audit, examination, excerpts, copying and transcriptions. AWP will furnish to the CITY at such time and in such form as the CITY may require, financial statements, records, reports, data and information, as the CITY may request pertaining to the matters covered by this AGREEMENT. Information provided pursuant to this subsection will be held in strict confidence to the extent permitted by applicable law. d) All documents prepared for the CITY by AWP in connection with the AGREEMENT are the property of the CITY. e) AWP will retain all of its records and supporting documentation relating to the AGREEMENT, and not delivered to the CITY, for a period of three years, except that in the event AWP goes out of business during that period, it will turn over to the CITY all of its records pertaining to this AGREEMENT for retention by the CITY. f) It is expressly agreed that AWP is an independent contractor, and not an employee, agent, partner or joint venturer with the CITY. AWP will not pledge or attempt to pledge the credit of the CITY. g) AWP understands that funds for the payment for work performed by AWP under this AGREEMENT have been provided through the CITY's budget approved by CITY Council for the current fiscal year only. State statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. The CITY cannot guarantee the availability of funds, and enters into the AGREEMENT only to the extent such funds are made available. AWP acknowledges and agrees that it will have no recourse against the CITY for its failure to appropriate funds for the purposes of the AGREEMENT in any fiscal year other than the year in which the AGREEMENT was executed. The fiscal year for the CITY extends from October I st of each calendar year to September 30th of the following calendar year AWP Initials: CITY Initials: 6 4