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Res 2005-031
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Res 2005-031
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Last modified
7/13/2006 2:33:18 PM
Creation date
7/13/2006 2:29:58 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2005-31
Date
3/1/2005
Volume Book
160
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<br />I <br /> <br />I <br /> <br />I <br /> <br />Housmg and Urban Development through Its Commumty Development Block Grant ("CDBG") <br />Program. The Consultant WIll comply wIth all of the applIcable umform admmlstratIve <br />regulatIons related to the applIcatIOn, acceptance, and use of federal funds for these federally <br />aSSIsted servIces. The Consultant WIll also comply WIth 24 C.F.R. 85, SectIOn 85 36 Standards <br />of Conduct (ExhibIt B) Consultant IS encouraged to obtam the necessary mformatIOn specIfied <br />m thIS SectIon, but failure to do so WIll not relIeve It from complIance WIth the applIcable <br />regulatIOns <br /> <br />10.2 ThIS Agreement IS governed by the law of the State of Texas. ExclUSIve venue for any <br />dIspute ansmg under thIS Agreement IS m Hays County, Texas. <br /> <br />10.3 As to all acts or faIlures to act by eIther party to thIS Agreement, any applIcable statute of <br />lImItatIOns WIll commence to run and any alleged cause of actIon WIll be deemed to have accrued <br />when the party commencmg the cause of actIOn knew or should have known of the eXIstence of <br />the subJect act(s) or faIlure(s) to act. <br /> <br />10.4 The Consultant WIll not use funds receIved by It duectly or mdlrectly under the terms of <br />thIS Agreement for any partIsan polItIcal actIVIty or to further the electIon or defeat of any <br />candIdate for publIc office. <br /> <br />10.5 The Consultant hereby affirms that Consultant and Consultant's firm have not made or <br />agreed to make any valuable gIft whether m the form of servIce, loan, thmg, or promIse to any <br />person or any of hls/her Immediate famIly, havmg the duty to recommend, the nght to vote upon, <br />or any other dIrect mfluence on the selectIon of consultants to prOVIde profeSSIOnal servIces to <br />the CIty wlthm the two years precedmg the executIOn of thIS Agreement. A campaIgn <br />contributIOn, as defined by the Texas ElectIon Code or the San Marcos CIty Code WIll not be <br />conSIdered as a valuable gIft for the purposes of thIS Agreement. <br /> <br />10.6 In performmg the servIces reqUIred under thIS Agreement, the Consultant WIll not <br />dlscnmmate agamst any person on the baSIS of race, color, relIgIOn, sex, natIonal ongm, age or <br />dIsabIlIty <br /> <br />10.7 All references m thIS Agreement to any partIcular gender are for convemence only and <br />wIll be construed and mterpreted to be of the appropnate gender The term "WIll" IS mandatory <br />m thIS Agreement. <br /> <br />10.8 Should any provlSlon m thIS Agreement be found or deemed to be mvalId, thIS <br />Agreement WIll be construed as not contammg the prOVlSlon, and all other proVISIOns WhIch are <br />otherwIse lawful WIll remam m full force and effect, and to thIS end the proVISIOns of thIS <br />Agreement are declared to be severable <br /> <br />10.9 All servIces prOVIded pursuant to thIS Agreement are for the exclUSIve use and benefit of <br />the CIty <br /> <br />15 <br />
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