Res 2024-227 approving a funding agreement with Pet Prevent a Litter of Central Texas allowing for American Rescue Plan Act (ARPA) funds to provide vaccinations and spay, neuter services for pets of residents of the City of San Marcos

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VI. INDEPENDENT CONTRACTOR AND INDEMNITY It is expressly understood and agreed that the Recipient agrees to hold the City harmless and to indemnify it from and against any and all claims, demands and causes of action of every kind and character which may be asserted by any third party occurring or in any way incident to, arising out of,or in connection with the utilization of CSLFR funds distributed through the City under this Agreement. VII. NON-DISCRIMINATION The Recipient assures that no person shall be excluded from, be denied the benefits of, or be subject to discrimination under any program or activity funded in whole or in part under this Agreement on the basis of race, color,religion, sex,national origin, age,disability, or other classification subject to protection under applicable laws and ordinances.The Recipient will not discriminate against any employee or applicant on the basis of race,color,religion,sex,sexual orientation,gender identity,national origin, age, disability, or other classification subject to protection under applicable laws and ordinances. The Recipient will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color,religion,sex, sexual orientation,gender identity,national origin,age, disability or other classification subject to protection under applicable laws and ordinances. VIII.DEFAULT AND TERMINATION Upon providing at least 30 days written notice to the Recipient, the City may terminate this Agreement for failure of the Recipient to perform its obligations hereunder and may pursue any remedies for breach of contract available at law or in equity, including recovery of reasonable court costs and attorney fees. IX. MISCELLANEOUS 1. Entire Agreement.This Agreement represents the entire and integrated agreement between the City and the Recipient and supersedes all prior negotiations,representations or arguments either written or oral. 2. Lawful Authority. The execution and performance of this Agreement by the City and the Recipient have been duly authorized by all necessary laws,resolutions or corporate action,and this Agreement constitutes the valid and enforceable obligations of City and the Recipient in accordance with its terms. 3. Amendments.No amendment, modification or alteration of the terms hereof shall be binding unless the same shall be in writing and dated subsequent to the date hereof and approved by San Marcos City Council. 4. Conflict of Interest.The Recipient affirms that it has not made or agreed to make any valuable gift,whether in the form of service, loan,thing or promise to any person or their immediate family, having the duty to recommend,the right to vote upon, or any other direct influence on the selection of the Recipient for receipt of the funds provided by the City under this Agreement.