Res 2013-126/Approving an agreement w/Strategic Government resources for professional executive search services for the City Manager position

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15. Notice As required under the Agreement, notice will be delivered in writing to the parties at the following locations: To the City: City of San Marcos Linda Spacek, Human Resources Director 630 E. Hopkins San Marcos, Texas 78666 To the Consultant: Strategic Government Resources Ron Holifield, CEO P.O. Box 1642 Keller, Texas 76244 16. Taxes The Consultant will not include Federal taxes or State of Texas limited sales excise and use taxes in its invoices or vouchers and statement of costs. The City is exempt from payment of such taxes and the Consultant may retrieve a resale certificate for use on this Project from the State of Texas Comptroller's website. 17. Miscellaneous Provisions (a) The Agreement is governed by the law of the State of Texas. The Agreement is to be performed in Hays County and exclusive venue for any dispute arising under the Agreement is in Hays County, Texas. (b) As to all acts or failures to act by either party to the 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 or failure to act. (c) The Consultant agrees not to use funds received by it under the terms of the Agreement for any partisan political activity or to further the election or defeat of any candidate for public office. (d) The Consultant hereby affirms that neither the Consultant, the Consultant's firm nor any of its associates or employees have made or agreed to make any valuable gift whether in the form 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 consultants to provide professional services to the City within the two years preceding the execution of the 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 the Agreement. The Consultant further agrees that none of its paid personnel will be employees of the City or have any contractual relationship with the City. All activities, investigations, and other efforts made by Consultant pursuant to the Agreement will be conducted by employees, associates, or independent contractors of the Consultant. CITY HALL • 630 EAST HOPKINS • SAN MARCOS, TEXAS 78666.512.393.8150 • FACSIMILE 512.393.3983 SANMARCOSTX.GOV 17