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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Failure to meet or maintain the requirements under this provision will be considered a material breach. 33. 2252 Compliance. Section 2252 of the Texas Government 39. Terms and Conditions Controlling.In the event there is a Code restricts the City from contracting with companies that do conflict between the Agreement and these Terms and business with Iran, Sudan, or a foreign terrorist Conditions,these Terms and Conditions will control. organization.Contractor hereby certifies that is not ineligible to 40. Notices. All notices referenced in this Agreement shall be receive the award of or payments under this Agreement. Failure provided in writing. Notices shall be deemed effective when to meet or maintain the requirements under this provision delivered by hand delivery or on the third business day after the will be considered a materialbreach. notice is deposited in the U.S.Mail.Notices shall be sent to the 34. MS4: In accordance with San Marcos Ordinance No. following addresses: 2016-12,all contractors and subcontractors will adhere to the established methods for controlling and minimizing the Purchasing Manager release of pollutants into the municipal separate storm City of San Marcos sewer systems (MS4) of City of San Marcos in order to 630 East Hopkins Street comply with local, state, and federal regulations. All San Marcos,Texas 78666 contractors and subcontractors will comply with specific 41. Order of Precedence. In the event of inconsistency good housekeeping and stormwater pollution prevention between provisions of this contract,the inconsistency will be measures established for the facility or site covered under this resolved by giving precedence in the following contract. descending order: 35. Force Majeure. Each party will be excused from a. Change Orders/Amendments performance for any period during which, and to the extent that, it is prevented from performing any obligation or b. Addenda service as a result of causes beyond its reasonable control, and c. Supplemental/Special conditions without its fault or negligence, including without d. Bid/Quote/Proposal form limitation, acts of God, strikes, lockouts, riots, acts of war, e. Scope of Work/Specifications epidemics, communication line failures, and power f. Standard Terms and Conditions failures. g. Other provisions, whether incorporated by reference Nothing in the foregoing shall be deemed to relieve or otherwise, including any documents provided by Contractor or its Affiliates of its obligation to pay fees the Contractor. owed under this Agreement. 42. If Contractor is receiving State of Texas funds under the Agreement. Texas Family Code Child Support 36. Texas Public Information Act. Contractor understands Certification. Pursuant to Section 231.006, Texas Family and acknowledges that the City is a governmental entity in Code,Contractor certifies that it is not ineligible to receive the Texas and is subject to requests for public information award of or payments under the Agreement and under the Texas Public Information Act.Any action taken by acknowledges that the Agreement may be terminated and the City to meet its legal requirements under the Texas Public payment may be withheld if this certification is inaccurate. Information Act or related City Ordinance will not be 43. Non-Discrimination. The Contractor understands and considered a breach of this Agreement. certifies that it is an Equal Opportunity Employer and 37. Independent Contractor. The Contract shall not be does not and will not discriminate in employment and in construed as creating an employer/employee relationship, a subcontracts based on race, color, sexual orientation, partnership,or a joint venture.The Contractor's services shall gender identity, national origin, sex, age, disability or be those of an independent contractor. The economic condition and prohibits retaliation, discharge, or Contractor agrees and understands that the Agreement discrimination against any employee or applicant for does not grant any rights or privileges established for employment or against any subcontractor or supplier. 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.05.15.20 Page 6 of 7