Res 2007-083 - Laserfiche WebLink

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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 Consultant will not waive the CIty'S ability to enforce the Agreement after that hme, 9. Miscellaneous Provisions (a) Funding for the Project has been made available by HUD through the Texas Department of HOUSlllg and Commulllty AffalIS Texas HOME PartnershIp Program. The Consultant wIll comply WIth all of the appltcable umform adll1l111strahve regulations related to the applicatlOn, acceptance and use of federal funds for these federally assIsted servIces. The Consultant will also comply with 24 C.F,R, 85, Sectton 8536 Standards of Conduct (Attachment D) of the Agreement The Consultant is encouraged to obtalll the necessary lllformahon but faIlure to do so wIll not relteve It from comphance WIth the appl1cable regulatlOns, (b) ThIS Agreement IS governed by the law of the State of Texas. ExcluslVe venue for any dIspute anslllg under thIS Agreement IS in Hays County, Texas (c) As to all acts or fallures to act by eIther party to thIS Agreement, any applicable statute of hmltations 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, (d) The Consultant agrees not to use funds received by It under the terms of thIS Agreement for any parhsan pohtlcal aChvlty or to further the election or defeat of any candIdate for public office (e) The Consultant hereby affirms that Consultant and Consultant's firm have not made or agreed to make any valuable gIft whether III the form of serVice, loan, thmg, or proll1lse to any person or any of hIs/her ImmedIate famIly, havlllg the duty to recommend, the nght to vote upon, or any other dIrect mfluence on the selectlOn of consultants to provIde professlOnal services to the City within the two years precedlllg the execution of this Agreement Bym Is and cs - HOME 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 (f) In perfonning the services reqUlred under this Agreement, the Consultant will not dIscriminate against any person on the basis of race, color, religlOn, sex, national onglll, age, disability or ancestry. The Consultant agrees not to engage III employment practices whIch have the purpose or effect of discriminatlllg agalllst employees because of race, color, sex, rehglOn, natlOnal origlll, age, disability or ancestry. A breach of this covenant may be regarded as a default of the Consultant of the Agreement (g) All references III 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 III thIS Agreement (h) Should any provision III this Agreement be found or deemed to be invahd, this Agreement will be construed as not containing the provIsion, and all other provislOns whIch are otherwise lawful will remalll in full force and effect, and to thIS end the provisions of thIS Agreement are declared to be severable. (i) All services provided pursuant to this Agreement are for the exclusive use and benefit of the City, U) The CIty of San Marcos is governed by the Texas Public InformatlOn 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. (k) 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, not 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 3