Res 2014-169/Billing and Collection Services for SM Fire Department - Fire Recovery USA

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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 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. 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 this Agreement will be conducted by employees, associates, or independent contractors of the Consultant. 9.5 In performing the services required under this Agreement, the Company will not discriminate against any person on the basis of race, color, religion, sex, national origin, age, disability or ancestry. The Company agrees not to engage in employment practices which have the purpose or effect of discriminating against employees or prospective employees because of race, color, sex, religion, national origin, age, disability or ancestry. A breach of this covenant by the Company may be regarded as a default of the Agreement. 9.6 All references in this Agreement 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 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 are otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. Paragraph and Section headings or captions included in this Agreement are for convenience only and are not intended to define or limit the scope of any provisions of this Agreement. 9.8 In performing all services under this Agreement, the Company, its subcontractors, successors and assigns will comply with all local, state and federal laws. 9.9 The City's execution of and performance under this Agreement will not act as a waiver by the City of any immunity from suit or liability to which it is entitled under applicable law. The parties acknowledge that the City, in executing and performing this Agreement, is a governmental entity acting in a governmental capacity. 9.10 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 information generated under this agreement may be subject to release under the Act. The Company will not make any reports, information, data, etc. generated under this Agreement available to any individual or organization without the written approval of the City. Fire Recovery USA, LLC 2014 11