Res 2010-078 - Laserfiche WebLink

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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 Funds for payment of this Agreement have been provided through the City 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. However, the cost of items or services covered by this contract is considered a recurring requirement and is included as a standard and routine expense of the City to be included in each proposed budget within the foreseeable future. City Council expects this to be an integral part of future budgets to be approved during the period of this contract except for unanticipated needs or events, which may prevent such payments against this contract. However, the City cannot guarantee the availability of funds, and enters into this contract only to the extent such funds are made available. The fiscal year for the City extends from October 1st of each calendar year to September 30th of the following calendar year. 9.6 In performing the services required under this Agreement, the Depository will not discriminate against any person on the basis of race, color, religion, sex, national origin, age, disability or ancestry. The Depository 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 may be regarded as a default of this Agreeement by the Depository. 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 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 severable. 9.9 All services provided pursuant to this Agreement are for the exclusive use and benefit of the City. 9.10 In performing all services under this Agreement, the City, the Depository, its subcontractors, successors and assigns will comply with all local, State and Federal laws. 9.11 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 Texas 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 reports and data generated under this agreement may be subject to release under the Act. The Depository will not make any reports or data, etc. generated under this Agreement available to any individual or 7