Res 2001-204 - Laserfiche WebLink

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CONTRACT. As soon as practical after receipt of notice of termination, the Planning Consultant shall submit a final invoice, showing in detail the services performed under this CONTRACT up to the date of termination. The City shall then pay the Planning Consultant within thirty (30) days any unpaid invoice(s) which relate to services actually performed under this CONTRACT. Originals of aJJ completed or partiaJJy completed reports/documents prepared under the CONTRACT shaJJ be promptly delivered to the City upon termination. SECTION XIII MisceJJaneous A. This CONTRACT contains the entire agreement between the parties covering the subject matter. B. The Planning Consultant hereby affirms that neither the Planning Consultant nor any officer or employee of the Planning Consultant's firm have 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 consultants to provide professional services to the City within the two years preceding the execution of this CONTRACT. 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 CONTRACT. C. In case anyone or more of the provisions contained in the CONTRACT shaJJ for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shaJJ not affect any other provision hereof, and this CONTRACT shaJJ be construed as if such invalid, illegal or unenforceable provision had never been contained herein. D. In performing the services required under this CONTRACT, the Planning Consultant will not discriminate against any person on the basis ofrace, color, religion, sex, national origin, age or disability. E. All services provided pursuant to this CONTRACT are for the exclusive use and benefit of the City. F. The City of San Marcos is governed by the Texas Public Information Act ( the "Act"), Chapter 552 of the Texas Government Code. This CONTRACT and all written information generated under this CONTRACT may be subject to release under the Act. The Planning Consultant shaJJ not make any reports, information, data, etc. generated under this CONTRACT available to any individual or organization without the written approval of the City. G The City and the Planning Consultant, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this CONTRACT and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this CONTRACT. The City and the Planning Consultant may not assign, sublet or transfer any interest in this CONTRACT without the written consent of the other. H. Except as to a change in the scope of services, the compensation for which does not exceed $15,000, this CONTRACT may be amended only by written instrument approved by the City's governing body and signed by both the City and the Planning Consultant. I Any exhibits and/or attachments attached to this CONTRACT are incorporated by reference into this CONTRACT as though included verbatim herein. J. In the event of any conflict between these Terms and Conditions and the provisions of any exhibit or attachment to this CONTRACT, these Terms and Conditions will govern and control. K. This entire CONTRACT is performable in San Marcos, Texas, and the venue for any action related, directly or indirectly, to this CONTRACT or in any manner connected therewith shall be Hays County, Texas, and this CONTRACT shaJJ be construed under the laws of the State of Texas. L. The responsible parties for any notice or contact between the City and the Planning Consultant shaJJ be the City Manager (or his/her designee) of the City of San Marcos, and Mr. Dan Sefko, President, Dunkin, Sefko & Dunkin-Sefko Development Code (10/08/2001) 4