Res 2003-118 - Laserfiche WebLink

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9.3 The Engineer will not use funds received by it directly or indirectly under the terms of this Agreement for any pm'tism~ political activity or to further the election or defeat of any candidate for public office. 9.4 The Engineer hereby affirms that Engineer and Engineer's firm have not made or agreed to make any valuable gift whether in the fmxn of service, loan, thing, or promise to any person or any of his/her immediate family, having the duty to recommend, the right to vote upon, or any other direct influence on the selection of Engineers 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. 9.5 In performing the services required under this Agreement, the Engineer will not discriminate against any person on the basis of race, color, religion, sex, national origin, age or disability. 9.6 All references in this Agreement to any pm'ticular gender are for convenience only and will be construed and interpreted to be of the appropriate gender. The term "will" is mm~datory in this Agreement. 9.7 Should any provision in this Agreement be found or deemed to be invalid, this Agreement will be construed as not containing the provision, and all other provisions which m'e otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. 9.8 Ali services provided pursuant to this Agreement are for the exclusive use and benefit of the City. 9.9 In performing all services under this Agreement, the Engineer, its subcontractors, successors and assigns will comply with all local, state and federal laws that the Engineer reasonably deems applicable to such services. 9.10 Nothing in this Agreement is intended as a waiver by the City of any immunity from suit to which it is entitled under Texas law. 9.11 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 infom~ation generated under this agreement may be subject to release under the Act. The Engineer 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. ARTICLE 10 SUCCESSORS AND ASSIGNS 10.1 The City and the Engineer, respectively, bind themselves, their partners, successors, assigns 10