Res 2021-178/approving an agreement with the Greater San Marcos Economic Development Corporation (“The Greater San Marcos Partnership”) for economic development and small business economic development services in the amount of $400,000 per year

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Failure to meet or maintain the requirements under this provision will be considered a material breach. 39.Terms and Conditions Controlling. In the event there is a conflict between the Agreement and these Terms and 33.2252 Compliance. Section 2252 of the Texas Government Conditions, these Terms and Conditions will control. Code restricts the City from contracting with companies that do business with Iran, Sudan, or a foreign terrorist 40.Notices. All notices referenced in this Agreement shall be organization. Contractor hereby certifies that is not ineligible provided in writing. Notices shall be deemed effective when to receive the award of or payments under this Agreement. delivered by hand delivery or on the third business day after Failure to meet or maintain the requirements under this the notice is deposited in the U.S. Mail. Notices shall be sent provision will be considered a material breach. to the following addresses: 34.MS4: In accordance with San Marcos Ordinance No. Purchasing Manager 2016-12, all contractors and subcontractors will adhere to City of San Marcos the established methods for controlling and minimizing the 630 East Hopkins Street release of pollutants into the municipal separate storm San Marcos, Texas 78666 sewer systems (MS4) of City of San Marcos in order to comply with local, state, and federal regulations. All 41.Order of Precedence. In the event of inconsistency contractors and subcontractors will comply with specific between provisions of this contract, the inconsistency will good housekeeping and stormwater pollution prevention be resolved by giving precedence in the following measures established for the facility or site covered under descending order: this contract. a. Change Orders / Amendments 35.Force Majeure. Each party will be excused from b. Addenda performance for any period during which, and to the extent c. Supplemental/Special conditions that, it is prevented from performing any obligation or d. Bid/Quote/Proposal form service as a result of causes beyond its reasonable control, e. Scope of Work / Specifications and without its fault or negligence, including without f. Standard Terms and Conditions limitation, acts of God, strikes, lockouts, riots, acts of war, g. Other provisions, whether incorporated by reference epidemics, communication line failures, and power or otherwise, including any documents provided by failures. the Contractor. Nothing in the foregoing shall be deemed to relieve 42.If Contractor is receiving State of Texas funds under Contractor or its Affiliates of its obligation to pay fees the Agreement. Texas Family Code Child Support owed under this Agreement. Certification. Pursuant to Section 231.006, Texas Family Code, Contractor certifies that it is not ineligible to receive 36.Texas Public Information Act. Contractor understands the award of or payments under the Agreement and and acknowledges that the City is a governmental entity in acknowledges that the Agreement may be terminated and Texas and is subject to requests for public information payment may be withheld if this certification is inaccurate. under the Texas Public Information Act. Any action taken by the City to meet its legal requirements under the Texas 43.Non-Discrimination. The Contractor understands and Public Information Act or related City Ordinance will not certifies that it is an Equal Opportunity Employer and be considered a breach of this Agreement. does not and will not discriminate in employment and in subcontracts based on race, color, sexual orientation, 37.Independent Contractor. The Contract shall not be gender identity, national origin, sex, age, disability or construed as creating an employer/employee relationship, economic condition and prohibits retaliation, discharge, a partnership, or a joint venture. The Contractor’s services or discrimination against any employee or applicant for shall be those of an independent contractor. The employment or against any subcontractor or supplier. Contractor agrees and understands that the Agreement does not grant any rights or privileges established for employees of the City. 38.Governing Law. The Agreement will be governed by and construed under the laws of the State of Texas. Any controversy, claim or dispute arising out of or relating to this Agreement will be brought in a state court of competent jurisdiction in Hays County or, if in federal court, in the Federal Western District of Texas, Austin Division for trial. Rev. 05.15.20Page 6of 7