Res 2010-015 - Laserfiche WebLink

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ARTICLE 5 OTHER PROGRAM REQUIREMENTS 5.1 Non-Discrimination. Subrecipient will not exclude any person from participation in, deny the benefits of or subject the person to discrimination under any of the Subrecipient activities receiving federal financial assistance on the grounds of race, color, religion, sex, national origin, age or disability. 5.2 Statute of Limitations. As between the parties to this Agreement, as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued in any and all events when the party commencing said cause of action knew or should have known of the existence of the subject act (s) or failure (s) to act. 5.3 Indemnity. The Subrecipient agrees to hold harmless, indemnify and defend the City, its officers, agents and employees from and against any claims for injuries or property damage caused by Subrecipient, its officers, agents or employees during the course of this Agreement. 5.4 Subrecipients whose funded program/project does not include construction activities or the transportation of beneficiaries in motor vehicles are exempted from insurance requirements. 5.5 Conflict of Interest. (a) The conflict of interest provisions of this section apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City of San Marcos, or of subrecipients receiving EECBG funds from the City of San Marcos. (b) No persons described in subsection (a) of this section who exercise or have exercised any functions or responsibilities with respect to EECBG activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from an EECBG-assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to an EECBG-assisted activity, or with respect to the proceeds of the EECBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter. 5.6 Construction. The captions and headings contained in this Agreement are solely for convenient reference and will not be deemed to affect the meaning or interpretation of any provision or paragraph hereof. 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. For the purposes of this Agreement, the term "will" is mandatory. Should any provision in this Agreement be found or deemed invalid, this Agreement will be construed as not containing such provision and all other provisions, which are otherwise lawful, will remain in full force and effect, and to this end, the provisions of this Agreement are declared to be severable. 5.7 Conflict with Applicable Law. Nothing in this Agreement will be construed to require the commission of any act contrary to law, ordinance or administrative executive or judicial regulation, order or decree, or amendment thereof, contrary to which the parties have no legal right to contract, the latter will prevail, but in such event the affected provision or provisions of this Agreement will be modified only to the extent necessary to bring them within the legal requirements and only during the time such conflict exists. 5.8 No Waiver. No waiver by City of any breach of any provision of this Agreement will be deemed to be a waiver of any preceding or succeeding breach of the same or any other provision hereof. 5.9 Public Information Act. The City of San Marcos is governed by the Texas Public Information Act, Chapter 552 of the Texas Government Code. This Agreement and all written information generated under this Agreement may be subject to release under this Act. Subrecipient Agreement 3