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

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9.17 The Consultant's attention is called to the fact that pursuant to San Marcos Ordinance No. 2013 -57, as amended, all City of San Marcos owned and rented /leased properties are smoke free properties. All Contractors, their subcontractors and employees are prohibited from smoking while on City property. This prohibition includes the enclosed areas of public places and workplaces and within 10 feet of doors and windows of City -owned or rented buildings, all City parks and the grounds outside of any City building. This prohibition includes e- cigarettes and other inhaled vapor devices. The City may terminate this Agreement for noncompliance with this ordinance. 9.18 It is the City's intent to be proactive with regard to the environment. The City encourages "Value Purchasing" of environmentally friendly products. The Consultant is encouraged to identify and utilize green solutions in performing any services under this Agreement, as appropriate. 9.19 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. The Company is responsible for paying when due all income taxes, including estimated taxes, incurred as a result of the compensation paid by the City to Company for services rendered under this Agreement. On request, Company will provide the City with proof of timely payment. Company agrees to indemnify the City for any claims, costs, losses, fees, penalties, interest, or damages suffered by the City resulting from the Company's failure to comply with this provision. 9.20 The Company may represent, perform services for, and contract with as many additional clients, persons, or companies as Company, in Company's sole discretion, sees fit. 9.21 The Company may, at Company's own expense, use any employees or subcontractors as Company deems necessary to perform the services required of Company by this Agreement. Fire Department may not control, direct, or supervise Company's employees or subcontractors in the performance of those services. 9.22 Each party shall bear its own expenses incurred with respect to the preparation of this Agreement and the consummation of the transactions contemplated hereby. 9.23 This Agreement may be signed in several counterparts. 9.24 This Agreement may be used by other government agencies at the discretion of the City. Company has agreed to offer similar serves to other agencies under the same or similar terms and conditions as stated herein except that the revenue share percentage (Compensation) may be negotiated between the Company and other agencies based on the specific revenue expectations, agency reimbursed costs, and other agency requirements. The City will in no way whatsoever Fire Recovery USA, LLC 2014 13