Res 2017-087/Audit Services Contract

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Agreement. A campaign contribution, as defined by the Texas Election Code or the San Marcos City Code will not be considered as a valuable gift for the purposes of the Agreement. The Auditor further agrees that none of its paid personnel will be employees of the City or have any contractual relationship with the City. All activities, and other efforts made by Auditor pursuant to the Agreement will be conducted by employees, associates, or independent contractors of the Auditor. 10.5 In performing the services required under this Agreement, the Auditor will not discriminate against any person on the basis of race, color, religion, sex, national origin, age, disability or ancestry. The Auditor agrees not to engage in employment practices, which have the purpose or effect of discriminating against employees or prospective employees because of race, color, sex, religion, national origin, age, disability or ancestry. A breach of this covenant by the Auditor may be regarded as a default of the Agreement 10.6 All references in this Agreement to any particular gender are for convenience only and will be construed and interpreted to be of the appropriate gender. The term "will" is mandatory in this Agreement. 10.7 Should any provision in the Agreement be found or deemed invalid, the Agreement will be construed as not containing the provision and all other provisions that are otherwise lawful will remain in full force and effect, and to this end, the provisions of the Agreement are declared severable. Paragraph and Section headings included in the Agreement are for convenience only and are not intended to define or limit the scope of any provisions of the Agreement. 10.8 All services provided pursuant to the Agreement are for the exclusive use and benefit of the City and the Agreement will not give rise to any rights in third parties. 10.9 In performing all services under this Agreement, the Auditor, its subcontractors, successors and assigns will comply with all local, state and federal laws. 10.10 The City's execution of and performance under this Agreement will not act as a waiver by the City of any immunity from suit or liability to which it is entitled under applicable law. The parties acknowledge that the City, in executing and performing this Agreement, is a governmental entity acting in a governmental capacity. 10.11 The City of San Marcos is governed by the Texas Public Information Act (the "Act"), Chapter 552 of the Texas Government Code. The Agreement and all written information generated under the Agreement may be subject to release under the Act. The Auditor will not make any reports, information, data, etc. generated under the Agreement available to any individual or organization without the written approval of the City. 10.12 The Auditor understands that funds for the payment for work performed by the Auditor under the 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 Auditing services agreement 2017 13