Res 2013-152/Authorizing the CM to execute a fourth amended and restated contract for collection and disposal of solid waste and recyclable materials with TDS

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to provide a satisfactory written reply excusing such failure within the prescribed ten days will constitute a default of Contract. The defaulting party will be given a 20 day period within which to show cause why the Contract should not be tenninated for default. The City Council may take whatever action as its interest may appear, resulting from such notice. The City reserves the right to enforce the performance of the Contract in any manner prescribed by law in the event of breach or default of the Contract, and may contract with another party with or without solicitation of proposals or further notification to the Contractor. At a minimum, the Contractor will be required to pay any difference in the cost of securing the services covered by this Contract, or compensate for any loss or damage to the City derived hereunder should it become necessary to contract with another source because of this default, plus reasonable administrative costs and attorney's fees. In the event of termination, the City, its agents or representatives, will not be liable for loss of any profits anticipated to be made under this Contract. Section 6.3 Termination by City The City reserves the right to terminate this Contract upon a minimum of 30 days written notice for any reason deemed by City Council to serve the public interest, or resulting from any governmental law, ordinance, regulations, or court order. No termination for convenience will be taken with the intention of awarding the same or a similar Contract to another source. In the event of such termination the City will pay the Contractor those costs directly attributable to work done or supplies obtained in preparation for completion or compliance with this Contract prior to termination. Provided, however, that no costs will be paid which are recoverable in the normal course of doing business in which the Contractor is engaged, or costs which can be mitigated through the sale of supplies or inventories. In the event City pays for the cost of supplies or materials obtained for use under this C. -)rtract, these supplies or materials will become the property of City and will be delivered to the City at 4 1.,� ,, ace designated by the Director. The City will not be liable for loss of any profits anticipated to be made under this Contract. Section 6.4 Funding Availability Funds for payment for the services described in this Contract have been provided through the City budget approved by City Council for the current fiscal year only. State statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. However, the cost of services covered by this Contract is considered a recurring requirement and is included as a standard and routine expense of the City to be included in each proposed budget within the foreseeable future. The City expects this to be an integral part of future budgets to be approved during the period of the Contract. However, the City cannot guarantee the availability of funds, and enters into the Contract only to the extent such funds are made available. If funding for continuation of the Contractor's services is not available, the City may terminate this Contract by providing 30 days' notice the Contractor. The fiscal year for the City extends from October 1 st of each calendar year to September 30th of the following calendar year. ARTICLE 7 MISCELLANEOUS PROVISIONS Section 7.1 Governing Law and Venue This Contract is governed by the laws of the State of Texas. Exclusive venue for any dispute arising under this Contract is in Hays County, Texas. Section 7.2 Limitations As to all acts or failures to act by either party to this Contract, any applicable statute of limitations will 18