Res 2012-020 - Laserfiche WebLink

Home Browse Search

G. Should any provision in this Agreement be found or deemed 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 severable. H. All services provided pursuant to this Agreement are for the exclusive use and benefit of the City and this Agreement does not create rights in third parties. I. In performing all services under this Agreement, the Engineer, its agents, employees, subcontractors, successors and assigns will comply with all local, state and federal laws. the charter and ordinances of the City of San Marcos and with all applicable rules and regulations promulgated by local, state, and federal boards, bureaus, and agencies. It is the Engineer's responsibility to obtain all necessary permits and licenses required to provide services required by this Agreement. J. The City's execution of and performance under this Agreement will not act as a waiver by the City of any immunity from suit or liability to which it is entitled under applicable law. The parties acknowledge that the City, in executing and performing this Agreement, is governmental entity acting in a governmental capacity. K. 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 Engineer will not make any reports, information, data, etc. generated under this Agreement available to any individual or organization without the written approval of the City. Upon receipt of a request for information under the Act, the City will immediately notify the Engineer of the request, and it will be the responsibility of the Engineer to object, within ten days of the City's receipt of the request, to the Texas Attorney General by way of a written request. If the Engineer fails to submit a letter to the Attorney General within ten days of the City's receipt of a request for information, the City shall release the information in accordance with the Act. L. The captions or headings included in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions, articles, or sections of this Agreement. M. In the event that the performance by either the City or the Engineer of any of its obligations under this Agreement is interrupted or delayed by events outside of their control such as acts of God, war, riot or civil commotion, then the party is excused from such performance for the period of time reasonably necessary to remedy the effects of such events. N. In the event of a default or breach of this Agreement by the Engineer, the City reserves the right to choose among the remedies for the default or breach available to the City. These remedies may be used in conjunction with one another or separately, and together with any other statutory or common law remedies available to the City. Any failure by the City to enforce this Agreement with respect to one or more defaults by the Engineer will not waive the City's ability to enforce the Agreement after that time. WW Master Plan Engineer Services (Engineering Services) — February 2012 i,7