Res 2006-021 - Laserfiche WebLink

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I I I Texas. (b) 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 or failure to act. (c) The Consultant agrees not to use funds received by it under the terms of this Agreement for any partisan pohtIcal 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 his/her immediate family, having the duty to recommend, the right to vote upon, or any other dnect influence on the selection of consultants to provide professional services to the City within the two years preceding 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 discriminate against any person on the basis of race, color, religion, sex, national origin, 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 appropnate gender. The term "will" is mandatory in this Agreement. (g) 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 m 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 October 2004 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 organization without the written approval of the City, (j) The City and the Consultant, respectively, bmd 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 written consent of the other. (k) This Agreement represents the entIre and integrated Agreement between the City and the Consultant and supersedes all prior 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 $25,00000, this Agreement may be amended only by wrItten 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 incorporated by reference mto thIS Agreement as though included verbatim herein. (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