Res 2016-163/approving the procurement of NeoGov Applicant Tracking Software System licenses, support and maintenance from SHI Government Solutions through and in accordance with the State of Texas Department of Information Resources Contract #DIR-SDD-25

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Contractor will take all reasonable precautions for the receipt of the properly completed Form 1295 from safety of and will provide all reasonable protection to the Engineer. prevent damage, injury, or loss to employees, the work, the endangered species, or the property 21. Miscellaneous Provisions affected by this contract. All damage or loss to any property caused in whole or in part by the Contractor, (a) This Agreement is governed by the law of the any subcontractor, or anyone directly or indirectly State of Texas. This Agreement is to be performed in employed by any of them will be remedied by the Hays County and exclusive venue for any dispute Contractor. arising under this Agreement is in Hays County, Texas. In the event of a dispute in federal court, 18. Notice venue will be in the United States District Court for the Western District of Texas,Austin Division. As required under the Agreement, notice will be delivered in writing to the parties at the following (b) As to all acts or failures to act by either party to locations: this Agreement, any applicable statute of limitations will commence to run and any alleged cause of action To the City: will be deemed to have accrued when the party commencing the cause of action knew or should have City of San Marcos known of the existence of the subject act or failure to City Manager act. 630 E.Hopkins San Marcos,Texas 78666 (c) The Contractor agrees not to use funds received by it under the terms of this Agreement for any To the Contractor: partisan political activity or to further the election or GovernmentJobs.com, Inc., a California corporation defeat of any candidate for public office. 222 N Sepulveda Blvd.,Suite 2000 El Segundo,California 90245 (d) The Contractor hereby affirms that neither the Contractor, the Contractor's firm nor any of its 19. Taxes associates or employees have made or agreed to make any valuable gift whether in the form of service, loan, The Contractor will not include Federal taxes or State thing, or promise to any person or any of his/her of Texas limited sales excise and use taxes in its immediate family,having the duty to recommend,the invoices or vouchers and statement of costs. The City right to vote upon, or any other direct influence on is exempt from payment of such taxes and the the selection of contractors to provide services to the Contractor may retrieve a resale certificate for use on City within the two years preceding the execution of this Project from the State of Texas Comptroller's the Agreement. A campaign contribution, as defined website. by the Texas Election Code or the San Marcos City Code will not be considered as a valuable gift for the 20. Certificate of Interested Parties. purposes of the Agreement. The Contractor further agrees that none of its paid personnel will be In the event that this contract reaches an amount employees of the City or have any contractual greater than $50,000.00 the Engineer is required to relationship with the City. All activities, electronically create a Certificate of Interested Parties investigations, and other efforts made by Contractor Form 1295 through the Texas Ethics Commission pursuant to the Agreement will be conducted by ("TEC") website employees, associates, or independent contractors of (https://www.ethics.state.tx.us/whatsnew/elf info for the Contractor. m1295.htm) and submit a signed and notarized copy of the form to the City prior to the award of the (e) In performing the services required under this contract. A contract, including a City-issued Agreement, the Contractor will not discriminate purchase order, will not be enforceable or legally against any person on the basis of race, color, binding until the City receives and acknowledges religion, sex, national origin, age, disability or ancestry. The Contractor agrees not to engage in 5