Res 2015-176/approving an annual agreement between the City and Techline, Inc. for the provision of Interim Inventory and Warehouse Management Services for the Public Services Department

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To the City: City of San Marcos Jared Miller, City Manager 630 E. Hopkins San Marcos, Texas 78666 To the Contractor: Techline, Inc. Brad Slaughter, Chief Operating Officer 9609 Beck Circle Austin, Texas 78758 17. Taxes The Contractor 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 Contractor may retrieve a resale certificate for use on this Project from the State of Texas Comptroller's website. 18. Miscellaneous Provisions (a) This Agreement is governed by the law of the State of Texas. This Agreement is to be performed in Hays County and exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. In the event of a dispute in federal court, venue will be in the United States District Court for the Western District of Texas, Austin Division (b) As to all acts or failures to act by either party to this 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 Contractor agrees not to use funds received by it under the terms of this Agreement for any partisan political activity or to further the election or defeat of any candidate for public office. (d) The Contractor hereby affirms that neither the Contractor, the Contractor'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 contractors 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 Contractor 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 the Contractor pursuant to this Agreement will be conducted by employees, associates, or independent contractors of the Contractor. (e) In performing the services required under this Agreement, the Contractor will not discriminate against any person on the basis of race, color, religion, sex, national origin, age, disability or ancestry. The Contractor agrees not to engage in employment practices which have the purpose or effect of discriminating CITY HALL • 630 EAST HOPKINS • SAN MARCOS, TEXAS 786669 512.393.8150 • FACSIMILE 855.759.2846 SANMARCOSTX.GOV 11