Res 2006-164 - Laserfiche WebLink

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e 8. 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 applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued when the party commencmg 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 his/her ImmedIate family, havmg the duty to recommend, the nght to vote upon, or any other dIrect mfluence 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 perfomllng 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, disability or ancestry. The Consultant agrees not to engage in employment practices which have the purpose or effect of discnmmatmg agamst employees because of race, color, sex, religion, national origin, age, dIsability or ancestry. A breach of this covenant may be regarded as a default of the Consultant of the Agreement. (f) All references m thIS Agreement to any partIcular gender are for convenience only and will be construed and mterpreted to be of the appropnate gender The term "will" IS mandatory m thIS Agreement. (g) Should any provision in this Agreement be found or deemed to be invalid, this Agreement will be AE - No Construction-I/27/06 e construed as not contammg 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. (h) All services provided pursuant to thIS Agreement are for the exclUSIve use and benefit ofthe 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 mformation generated under thIS agreement may be subject to release under the Act. The Consultant shall not make any reports, mformatIOn, data, etc. generated under this Agreement available to any mdIvidual or orgamzation without the written approval of the City. U) In the event that the performance by either the CIty or the Consultant 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 penod of time reasonably necessary to remedy the effects of such events. (k) 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 mterest in this Agreement WIthout the wrItten consent of the other (1) 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 wrItten instrument approved by the CIty'S governing body and signed by both the CIty and the Consultant. (m) Any exhibits and/or attachments attached to thIS Agreement are incorporated by reference into this Agreement as though included verbatIm herein. (n) In the event of any conflict between these Terms and CondItions and the provisions of any exhibit or 3