Res 2017-062/approving an agreement with Deloitte & Touche, LLP for the provision of internal auditing services

Home Browse Search

10.13 The City of San Marcos is governed by the Texas Public Information Act (the "Act"), Chapter 552 of the Texas Government Code. This Agreement and all written information generated under this agreement may be subject to release under the Act. The Internal Auditor will not make any reports, information, data, etc. generated under this Agreement available to any individual or organization without the written approval of the City except to the extent they include any Internal Auditor pre-existing intellectual property. 10.14 In the event that the performance by either the City or the Internal Auditor of any of its obligations under this Agreement is interrupted or delayed by events outside of their control such as acts of God, war, riot or civil commotion, then the party is excused from such performance for the period of time reasonably necessary to remedy the effects of such events. 10.15 If applicable, the Internal Auditor will pay all license fees, royalties and other costs incident to the use of any invention, design, process, product or device subject to a patent right or copyright held by others in performing the work or in the completed Project. 10.16 It is expressly agreed that the Internal Auditor is an independent contractor and not an employee, agent partner or joint venturer with the City. The Internal Auditor will not pledge or attempt to pledge the credit of the City. 10.17 It is the City's intent to be proactive with regard to the environment. The City encourages "value purchasing" of environmentally friendly products. The Internal Auditor is encouraged to utilize green solutions in performing any services under the Agreement, as appropriate. 10.18 The Internal Auditor's attention is called to the fact that pursuant to San Marcos Ordinance No. 2013-57, as amended, all City of San Marcos owned and rented/leased properties are smoke free properties. All consultants, their subconsultants and employees are prohibited from smoking while on City property. This prohibition includes the enclosed areas of public places and workplaces and within 10 feet of doors and windows of City -owned or rented buildings, all City parks and the grounds outside of any City building. This prohibition includes e -cigarettes and other inhaled vapor devices. The City may terminate this Agreement for noncompliance with this ordinance. 10.19 If City funds are utilized to fund any part of this Agreement, the Internal Auditor understands that those City funds for the payment for work performed by the Internal Auditor 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 this Agreement only to the extent such funds are made available. The Internal Auditor acknowledges and agrees that it will have no recourse against the City for its failure to appropriate funds for the purposes of this Agreement in any fiscal year other than the year in which this Agreement was executed. The fiscal year for the City extends from October 1 st of each calendar year to September 30th of the following calendar year. Deloitte & Touche, LLP Agreement for Internal Auditor Services 2017 19