Res 2013-157(a/)Collection Contract for Court fines & fees

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(d) In performing the services required under the Contract, Perdue will not discriminate against any person on the basis of race, color, religion, sex, national origin, age, disability or ancestry. Perdue agrees not to engage in employment practices which have the purpose or effect of discriminating against employees because of race, color, sex, religion, national origin, age, disability or ancestry. A breach of this covenant may be regarded as a default of Perdue of the Contract. (e) All references in the Contract to any particular gender are for convenience only and will be construed and interpreted to be of the appropriate gender. The term "will" is mandatory in the Contract. (0 Should any provision in the Contract be found or deemed to be invalid, the Contract will be construed as not containing the provision and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of the Contract are declared to be severable. Paragraph and Section headings included in the Contract are for convenience only and are not intended to define or limit the scope of any provisions of the Contract. (g) All services provided pursuant to the Contract are for the exclusive use and benefit of the City and the Contract will not give rise to any rights in third parties. (h) The City of San Marcos is governed by the Texas Public Information Act (the "Act "), Chapter 552 of the Texas Government Code. The Contract and all written information generated under the Contract may be subject to release under the Act. Perdue will not make any reports, information, data, etc. generated under the Contract available to any individual or organization without the written approval of the City. (i) In the event that the performance by either the City or Perdue of any of its obligations under the Contract is interrupted or delayed by events outside of their control such as acts of God, war, riot or civil commotion, then the party is excused from such performance for the period of time reasonably necessary to remedy the effects of such events. 0) The City and Perdue, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to the Contract and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of the Contract. The City and Perdue may not assign, sublet or transfer any of their rights or delegate or subcontract any of their duties under or interest in the Contract in whole or in part, without the written consent of the other. Any work or services subcontracted under the Contract will be specified by separate written agreement and will be subject to each provision of the Contract. (k) The Contract including any appendices and referenced attachments or exhibits represents the entire and integrated Contract between the City and Perdue and supersedes all prior negotiations, representations or agreements either written or oral. In the event of a dispute between the parties regarding the intent of the Contract, both parties agree that the Contract will be construed in a manner consistent with the City's Request for Proposals, Perdue's Proposal Response, and the public record of the City Council's approval of the Contract as applicable. The Contract may be amended only by written instrument, which 12