Res 2024-047 approving a contract with Cenikor to provide a

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DocuSign Envelope ID:COA2C376-D083-4406-8D6C-OA6C2103A7F3 VI. GENERAL CONDITIONS A. General Compliance Agency agrees to comply with all applicable laws, ordinances, codes and regulations of the local, state and federal governments including but not limited to those laws, ordinances, codes and regulations pertaining to equal employment opportunity and those pertaining to discrimination against participants. Due to the requirements of the Texas Human Resources Code,more than 50%of the annual budget of the organization may not be derived from City funds for a contract for human services to the indigent entered into between a City and a social services organization. Agency declares that at the time of the execution of this contract, funds to be provided herein do not exceed 50%of the annual budget of Agency. In the event that such funds do exceed 50%of the annual budget of Agency at any time during which this contract is in effect,Agency agrees to notify City immediately so that appropriate monetary adjustments to this contract can be made to assure compliance with State Law. 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 or disability. B. "`Independent Contractor" Nothing contained in this Agreement is intended to, or shall be construed in any manner,as creating or establishing the relationship of employer/employee between the parties. The Agency shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The City shall be exempt from payment of all Unemployment Compensation,FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Agency is an independent contractor. C. HOLD HARMLESS THE AGENCY SHALL HOLD HARMLESS, DEFEND,AND INDEMNIFY THE CITY FROM ANY AND ALL CLAIMS,ACTIONS, SUITS, CHARGES AND JUDGMENTS WHATSOEVER THAT ARISE OUT OF THE AGENCY'S PERFORMANCE OR NONPERFORMANCE OF THE SERVICES OR SUBJECT MATTER CALLED FOR IN THIS AGREEMENT. D. City Recognition The Agency shall ensure recognition of the role of the City in program funding through this Agreement. This funding source shall be included on any materials and publications,including websites,used in the implementation of this Agreement. Agency agrees to include the statement"Funded in whole or in part by the City of San Marcos" in any promotional materials related to the activities under this contract. E. Amendments The City or Agency may amend this Agreement at any time provided that such amendments make specific reference to this Agreement and are executed in writing and signed by a duly authorized representative of each organization. Such amendments shall not invalidate this Agreement nor relieve or release the City or Agency from its obligations under this Agreement. The City may, in its discretion, amend this Agreement to conform with federal, state, or local governmental guidelines,policies, and available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services, or the schedule of activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both City and Agency. 224-156 Page 4 of 17