Laserfiche WebLink
binding unless the same shall be in writing and dated subsequent to the date hereof and approved <br /> by San Marcos City Council. <br /> 9.4 Conflict of Interest. The Recipient affirms that it has not made or agreed to make any <br /> valuable gift, whether in the form of service, loan, thing or promise to any person or their immediate <br /> family, having the duty to recommend, the right to vote upon, or any other direct influence on the <br /> selection of the Recipient for receipt of the funds provided by the City under this Agreement. <br /> 9.5 Severability. Should any provision in this Agreement be found or deemed to be invalid, <br /> this Agreement will be construed as not containing such provision, and all other provisions which <br /> are otherwise lawful will remain in full force and effect, and to this end the provisions of this <br /> Agreement are declared to be severable. <br /> 9.6 Venue. Venue for any disputes arising under this Agreement shall be in the court having <br /> appropriate jurisdiction in Hays County, Texas, or,if in federal court,the United States District Court <br /> for the Western District of Texas, Austin Division. <br /> 9.7 No Waiver. No waiver by the City of any breach of any provision of this Agreement <br /> shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other <br /> provision hereof <br /> 9.8 Public Information Act. The City is governed by the Texas Public Information Act, <br /> Chapter 552 of the Texas Govermnent Code. This Agreement and all written information, including <br /> books and records of the Recipient, to the extent permitted by law, related to the expenditure of <br /> the City's funds to the Recipient hereunder may be subject to release under this Act, and the <br /> Recipient agrees to cooperate with the City in providing such information to the City if responsive <br /> to a request for information under said Act. <br /> 9.9 Right to Audit. Recipient agrees that City shall have access to, and the right to audit, <br /> examine, or reproduce, any and all records of the Recipient related to the reimbursement of CSLFR <br /> funds. The Recipient shall retain all such records for a period of three (3) years after final <br /> reimbursement under this Agreement or until all audit and litigation matters that the City has <br /> brought to the attention of the Recipient are resolved, whichever is longer. The Recipient agrees <br /> to refund to the City any overpayments disclosed by any such audit. <br /> EXECUTED to be effective as of the Effective Date first stated above. <br /> SAN MARCOS CONSOLIDATED <br /> INDEPENDENT SCHOOL DISTRICT: CITY OF SAN COS: <br /> By: By. <br /> Name: Name: <br /> Title: Title: <br /> Date: Date: 1 l(�(do a <br /> SAN MARCOS CONSOLIDATED INDEPENDENT Page 3 of3 <br /> SCHOOL DISTRICT(RECIPIENT)- ARPA FUNDING <br />