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Res 2017-131/approving an agreement with Freese and Nichols, Inc. for the provision of a professional engineering services in connection with the Community Development Block Grant - Disaster Recovery (CDBG-DR) Uhland Road Improvements design amount estim
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Res 2017-131/approving an agreement with Freese and Nichols, Inc. for the provision of a professional engineering services in connection with the Community Development Block Grant - Disaster Recovery (CDBG-DR) Uhland Road Improvements design amount estim
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Resolutions
City Clerk - Type
Approving
Number
2017-131
Date
9/5/2017
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9.8.11 RELIGIOUS ACTIVITIES <br /> The Contractor agrees that funds provided under this Agreement will not be utilized for inherently <br /> religious activities prohibited by 24 CPR 570.200G), such as worship, religious instruction, or <br /> proselytization. The acquisition, construction, or rehabilitation of structures used for inherently <br /> religious activities is not allowable under this program. <br /> 9.8.12 COPYRIGHT <br /> If this contract results in any copyrightable material or inventions, the City and/or grantor agency <br /> reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or <br /> otherwise use and to authorize others to use, the work or materials for governmental purposes. <br /> ARTICLE 10 <br /> MISCELLANEOUS PROVISIONS <br /> 10.1 This Agreement is governed by the law of the State of Texas. This Agreement is to be <br /> performed in Hays County and exclusive venue for any dispute arising under this Agreement is in <br /> Hays County, Texas. In the event of a dispute in federal court, venue will be in the United States <br /> District Court for the Western District of Texas, Austin Division. <br /> 10.2 As to all acts or failures to act by either party to this Agreement, any applicable statute of <br /> limitations will commence to run and any alleged cause of action will be deemed to have accrued <br /> when the party commencing the cause of action knew or should have known of the existence of <br /> the subject act(s) or failure(s)to act. <br /> 10.3 The Engineer will not use funds received by it directly or indirectly under the terms of this <br /> Agreement for any partisan political activity or to further the election or defeat of any candidate <br /> for public office. <br /> 10.4 The Engineer hereby affirms that neither the Engineer, the Engineer's firm nor any of its <br /> associates or employees have made or agreed to make any valuable gift whether in the form of <br /> service, loan, thing, or promise to any person or any of his/her immediate family, having the duty <br /> to recommend, the right to vote upon, or any other direct influence on the selection of Engineers <br /> to provide consulting services to the City within the two years preceding the execution of this <br /> Agreement. A campaign contribution, as defined by the Texas Election Code or the San Marcos <br /> City Code is not considered a valuable gift for the purposes of this Agreement. The Engineer <br /> further agrees that none of its paid personnel will be employees of the City or have any contractual <br /> relationship with the City. All activities, investigations, and other efforts made by Engineer <br /> pursuant to the Agreement will be conducted by employees, associates, or independent contractors <br /> of the Engineer. <br /> 10.5 In performing the services required under this Agreement, the Engineer will not <br /> discriminate against any person on the basis of race, color, religion, sex, national origin, age, <br /> disability or ancestry. The Engineer agrees not to engage in employment practices,which have the <br /> purpose or effect of discriminating against employees or prospective employees because of race, <br />
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