Res 1997-090 - Laserfiche WebLink

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" 37A - 2. AGREEMENTS BY CITY (A) City agrees to pay the Contractor $27,000.00 for satisfactorily performed maintenance services in accordance with the attached specifications. (B) Funds for payment of this Agreement have been provided through the City budget approved by City Council for the current fiscal year only. State statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has -~~~ been approved. However, the cost of services covered by this Agreement is considered ' a recurring requirement and is included as a standard and routine expense of the City to be included in each proposed budget within the foreseeable future. However, the City cannot guarantee the availability of funds, and enters into this Agreement only to the extent such funds are made available. In the event that funding is not provided to continue this Agreement into a subsequent fiscal year, this agreement shaH terminate at the end of the last fiscal year for which funding was provided. The fiscal year for the City extends from October 1 st of each calendar year to September 30th of the following year. 3. Miscellaneous Agreements. (A) This Agreement is governed by the law of the State of Texas. Exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. (B) All references in this Agreement to any particular gender are for convenience only and shall be construed and interpreted to be of the appropriate gender. The term "will" is mandatory in this Agreement. (C) Should any provision herein be deemed to be invalid by a court of competent jurisdiction, this Agreement shall be construed as not containing the provision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this,Agreement are declared to be severable. (D) All services provided pursuant to this Agreement are for the exclusive use and benefit of the City. (E) 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(s) or failure(s) to act. (F) Neither the City or Contractor shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. (G) The City of San Marcos is governed by the Texas Public Information Act, Chapter 552 of the Texas Government Code. This Agreement and all written information generated under this Agreement may be subject to release under this Act. 2