Res 2008-099 - Laserfiche WebLink

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9.4 The Auditor hereby affirms that Auditor and Auditor's firm have not made or agreed to make any valuable gift whether in the form of service, loan, thing, or promise to any person or any of his/her immediate family, having the duty to recommend, the right to vote upon, or any other direct influence on the selection of Auditors to provide professional services to the City within the two years preceding the execution of this 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 this Agreement. 9.5 The Auditor will adhere to the Code of Professional and Ethical Standards as prescribed by the American Institute of Certified Public Accountants. 9.6 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 or disability. 9.7 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. 9.8 Should any provision in this Agreement be found or deemed to be invalid, this Agreement will be construed as not containing the 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. 9.9 All services provided pursuant to this Agreement are for the exclusive use and benefit of the City. This Agreement does not create any rights in third parties. 9.10 In performing all services under this Agreement, the Auditor, its subcontractors, successors and assigns will comply with all local, state and federal laws. 9.11 The City's execution 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. 9.12 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 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. 9.13 The captions and headings in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provisions, articles, or sections of this