Laserfiche WebLink
<br />I <br /> <br />I <br /> <br />I <br /> <br />CIty'S ability to enforce the Agreement after that <br />time. <br /> <br />9. Miscellaneous Provisions <br /> <br />(a) This Agreement is governed by the law of the <br />State of Texas. Exclusive venue for any dispute <br />arising under this Agreement is in Hays County, <br />Texas. <br /> <br />(b) As to all acts or failures to act by either party to <br />this Agreement, any applicable statute of limitations <br />will conunence to run and any alleged cause of action <br />will be deemed to have accrued when the party <br />conunencing the cause of action knew or should have <br />knO'Ml of the eXIstence of the subject act or failure to <br />act. <br /> <br />(c) The Consultant agrees not to use funds received <br />by It under the terms of this Agreement for any <br />partisan polItical activity or to further the election or <br />defeat of any candidate for public office. <br /> <br />(d) The Consultant hereby affirms that Consultant <br />and Consultant's firm have not made or agreed to <br />make any valuable gIft whether in the form of <br />servIce, loan, thmg, or pronuse to any person or any <br />of hIs/her InunedIate family, having the duty to <br />reconunend, the right to vote upon, or any other <br />direct influence on the selection of consultants to <br />provide professional services to the City within the <br />two years preceding the executIOn of this Agreement. <br />A campaign contribution, as defined by the Texas <br />ElectIon Code or the San Marcos City Code will not <br />be considered as a valuable gift for the purposes of <br />thIS Agreement. <br /> <br />(e) In perfomung the services required under this <br />Agreement, the Consultant will not discriminate <br />against any person on the basis of race, color, <br />relIgIOn, sex, natIonal origin, age, disability or <br />ancestry. The Consultant agrees not to engage m <br />employment practices which have the purpose or <br />effect of dIscnnunatmg against employees because of <br />race, color, sex, relIgIOn, natIonal origin, age, <br />dIsabilIty or ancestry A breach of this covenant may <br />be regarded as a default of the Consultant of the <br />Agreement. <br /> <br />(f) All references in this Agreement to any particular <br />gender are for convenience only and will be <br />construed and mterpreted to be of the appropriate <br /> <br />Standard Is and Cs March 2006 <br /> <br />gender. The term "will" IS mandatory m thIS <br />Agreement. <br /> <br />(g) Should any provision in this Agreement be found <br />or deemed to be invalid, this Agreement will be <br />rconstrued as not contammg the provision, and all <br />other provisions which are otherwise lawful will <br />remain In full force and effect, and to thIS end the <br />provisions of this Agreement are declared to be <br />severable. <br /> <br />(h) All services provided pursuant to this Agreement <br />are for the exclusive use and benefit of the City. <br /> <br />(i) The City of San Marcos IS governed by the Texas <br />Public Information Act ( the "Act"), Chapter 552 of <br />the Texas Government Code. This Agreement and <br />all written information generated under thIS <br />agreement may be subject to release under the Act. <br />The Consultant shall not make any reports, <br />information, data, etc. generated under thIS <br />Agreement available to any indIVidual or <br />organization without the written approval of the CIty, <br /> <br />(j) In the event that the performance by eIther <br />the CIty or the Consultant of any of ItS oblIgatIOns <br />under this Agreement IS Interrupted or delayed by <br />events outside of theIr control such as acts of God, <br />war, riot or civil conunotion, then the party IS <br />excused from such performance for the penod of <br />time reasonably necessary to remedy the effects of <br />such events. <br /> <br />(k) The City and the Consultant, respectively, bind <br />themselves, their partners, successors, assigns and <br />legal representatives to the other party to thIS <br />Agreement and to the partners, successors, aSSIgns <br />and legal representatives of such other party WIth <br />respect to all covenants of thIS Agreement. The City <br />and the Consultant may not assign, sublet or transfer <br />any interest in this Agreement WIthout the written <br />consent ofthe other. <br /> <br />(1) This Agreement represents the entue and <br />integrated Agreement between the CIty and the <br />Consultant and supersedes all pnor negotIations, <br />representations or agreements either wrItten or oral. <br />Except as to a change In the scope of servIces, the <br />compensation for which does not exceed $25,000,00, <br />this Agreement may be amended only by written <br />instrument approved by the City's goveming body <br />and signed by both the City and the Consultant. <br /> <br />3 <br />