Res 2024-152 approving a one-year extension of the city’s contract with the Greater San Marcos Partnership (“GSMP”) in the amount of

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SAN DIAFiCod City of San Marcos Standard Terms and Conditions By entering into an agreement with the City of San Marcos, Contractor agrees to be governed by the following terms and conditions. 1. Definitions. Specifications or Supplemental Terms and Conditions, a. Addendum is a written instrument issued by the each shipping container shall be clearly and permanently City of San Marcos which clarify correct or marked as follows: (a) The Contractor's name and address, i in ' (b) the City's name, address and purchase order or change the b dd g/proposal requirements or the purchase release number and the price agreement number ii contract or solicitation documents prior to the due p if applicable, (c) Container number and total number of date of the bids/proposal. "Addenda" is the plural containers, e.g. box 1 of 4 boxes, and(d)the number of the form of Addendum. container bearing the packing list. The Contractor shall b. Agreement means any contract, agreement, purchase bear cost of packaging. Goods shall be suitably packed to order, contract award, response to production or any secure lowest transportation costs and to conform with other document which references these Terms and requirements of common carriers and any applicable Conditions. specifications. The City's count or weight shall be final and c. Contractor means any individual, company, conclusive on shipments not accompanied by packing lists. corporation or other legal entity who has entered into an Agreement with the City. 3. Shipment under Reservation Prohibited. The d. City means the City of San Marcos,Texas. Contractor is not authorized to ship the goods under e. City Council means the duly elected members of the reservation and no tender of a bill of lading will operate as a City Council of the City of San Marcos. tender of goods. £ Deliverables shall have the same definition, if 4. Title& Risk of Loss. Title to and risk of loss of the goods applicable, as found in the Agreement. If not defined in shall pass to the City only when the City actually receives and the Agreement, Deliverables shall mean any goods, accepts the goods. whether tangible,digital,or otherwise,contracted for and due to City under the Agreement. 5. Delivery Terms and Transportation Charges. Goods g. Services shall have the same definition,if applicable,as shall be shipped F.O.B. point of delivery unless otherwise found in the Agreement. If not defined in the specified in the Supplemental Terms and Conditions. Agreement, Services shall mean any required Unless otherwise stated in the Offer, the Contractor's price performance by Contractor, contracted for and due to shall be deemed to include all delivery and transportation City under the Agreement. charges. The City shall have the right to designate what h. Goods shall have the same definition as Deliverables. method of transportation shall be used to ship the goods.The The terms Goods and Deliverables may be used place of delivery shall be that set forth in the block of interchangeably. the purchase order or purchase release entitled"Receiving i. HUB means Historically Underutilized Business and Agency". has the meaning given by State law. 6. Right of Inspection and Rejection. The City expressly j. Texas Resident Bidder means a bidder whose principal reserves all rights under law,including,but not limited to the place of business is in this state, and includes a bidder Uniform Commercial Code, to inspect the goods at whose ultimate parent company or majority owner has its delivery before accepting them, and to reject defective or principal place of business in this state. non-conforming goods. If the City has the right to inspect k. Scope of Work or Specifications is a description of or the Contractor's or the Contractor's Subcontractor's requirements of the services or goods being solicited. facilities, or the goods at the Contractor's or the 1. Supplemental Terms and Conditions means general Contractor's Subcontractor's premises, the Contractor supplemental conditions to these Standard Terms and shall furnish, or cause to be furnished, without additional Conditions and shall have the same force and effect. charge, all reasonable facilities and assistance to the City to in. Vendor has the same meaning as Contractor. The facilitate such inspection. terms Vendor and Contractor may be used interchangeably. 7. No Replacement of Defective Tender. Every tender or 2. Package Deliverables. Contractor will package goods in delivery of good must fully comply with all provisions of the accordance with good commercial practice and shall Contract as to time of delivery, quality, and quantity. Any include a packing list showing the description of each item, non-complying tender shall constitute a breach and the quantity and unit price Unless otherwise provided in the Rev.05.15.20 Page l of 7