Res 2000-111 - Laserfiche WebLink

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9.2 As to all acts or failures to act by either party to this Agreement, any applicable statute of limitations will commence to run 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(s) or failure(s) to act. 9.3 Auditor will not use funds received by it directly or indirectly under the terms of this Agreement for any partisan political activity or to further the election or defeat of any candidate for public office. 9.4 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 consultants to provide professional services to the City within the two years preceding the execution of this Agreemeot. 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 Auditor will adhere to the Code of Professional and Ethical Standards as described by the American Institute of Certified Public Accountants (AICPA). 9.6 In performing the services required under this Agreement, 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, Auditor, its subcontractors, successors and assigns will comply with all local, state and federal laws. 9.11 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. Auditor shall not make any reports, information, data, etc. generated under this Agreement available to any individual or organization without the written approval of the City. 6