Res 2005-186 - Laserfiche WebLink

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r I I I L Agreement wIth respect to one or more defaults by the Consultant will not waive the City's ability to enforce the Agreement after that tIme, 9. Miscellaneous Provisions (a) This Agreement is governed by the law of the State of Texas. ExcluSIve venue for any dIspute ansmg under thIS Agreement is in Hays County, Texas. (b) As to all acts or failures to act by eIther party to this Agreement, any apphcable statute of hrmtatIOns will commence to TUn and any alleged cause of action will be deemed to have accrued when the party commencing the cause of action knew or should have known of the existence of the subject act or failure to act (c) The Consultant agrees not to use funds received by It under the terms of thIS Agreement for any partisan political activity or to further the election or defeat of any candidate for public office, (d) The Consultant hereby affirms that Consultant and Consultant'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 hlslher 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 withm the two years precedmg 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. (e) In performing the servIces required under thIS Agreement, the Consultant will not discnrmnate agamst any person on the baSIS of race, color, rehgIOn, sex, national ongm, age or disability (f) 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 (g) Should any proVISIOn m thIS Agreement be found or deemed to be mvahd, thIS Agreement will be construed as not containing the provision, and all October 2005 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 (h) All services provided pursuant to thIS Agreement are for the exclusive use and benefit of the City (i) 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 Consultant shall not make any reports, information, data, etc. generated under thIS Agreement available to any individual or orgamzatIOn without the wrItten approval of the City (j) The City and the Consultant, respectively, bind themselves, their partners, successors, aSSIgns and legal representatIves to the other party to thIS Agreement and to the partners, successors, assigns and legal representatIves of such other party with respect to all covenants of thIS Agreement. The City and the Consultant may not assign, sublet or transfer any interest in this Agreement WIthout the wntten consent of the other (k) This Agreement represents the entire and integrated Agreement between the City and the Consultant and supersedes all pnor negotiatIons, representations or agreements either written or oral. Except as to a change in the scope of servIces, the compensatIon for which does not exceed $25,000 00, this Agreement may be amended only by wntten Instrument approved by the CIty'S governmg body and signed by both the City and the Consultant. (I) Any exhibits and/or attachments attached to this Agreement are mcorporated by reference mto this Agreement as though mcluded verbatIm herem. (m) In the event of any conflict between these Terms and CondItions and the prOVIsions of any exhibIt or attachment to thIS Agreement, these Terms and Conditions will govern and control. 3