Res 2012-148 - Laserfiche WebLink

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data. In addition, all information, property and materials produced, created or supplied under this Agreement, or copies thereof will be provided to the City upon completion of ABC's services or termination of this Agreement. J. Notice. Unless otherwise specified, written notice will be deemed to have been duly served if delivered in person or sent by certified mail to the last address listed herein. K. Governance. This agreement is entered into pursuant to and under the authority granted by the laws of the United States of America and the State of Texas. The provisions of this Agreement will be construed to conform to those laws. It is agreed by the parties that this Agreement is neither a Federal assistance (i.e., a grant or cooperative agreement) nor a Federal procurement agreement as those terms are defined at 41 U.S.C. 6301 - 6308. However, any awards of Federal assistance or procurement made by the United States Fish and Wildlife Service in connection with this Agreement will conform to the Federal laws and regulations, and Office of Management and Budget circulars, applicable to such actions. L. Order of Precedence. In the event of an inconsistency among the terms of this Agreement, or between its terms and any applicable statute or regulation, the inconsistency shall be resolved by giving precedence in the following order: a) Applicable Federal statutes and regulations; b) The laws of the State of Texas applicable hereto; c) Statement of work; and then d) The remaining provisions of this Agreement, including any materials incorporated by reference. The United States Fish and Wildlife Service shall also comply fully with all other applicable Federal laws and regulations in completing this work. Any other state, local or tribal laws and regulations in other than those cited in this Agreement, which are known by the requesting party to be applicable to the work of this Agreement shall be listed here or in a separate attachment to this agreement: • Non - discrimination - In carrying out the terms of this Agreement, the parties agree to comply with Executive Order 99 -4 prohibiting discrimination in employment, the provisions of which are incorporated herein by reference. In performing these services, the officers and employees of the U.S. Fish and Wildlife service continue to be bound by all ethical laws and rules normally applicable to Federal officers and employees. M. Warranty of Services: The United States Fish and Wildlife Service will make every reasonable effort to provide the services and deliverables as described in this Agreement. However, as a Federal agency, it cannot provide either an express or implied warranty for its services and products. USGWS -ARC (MOA) 2012 6