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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commence to run and any alleged cause of action will be deemed to have accrued when the party commencing the cause of action knew or should have known of the existence of the subject act(s) or failure(s) to act. Section 7.3 Gratuities The City may terminate this contract if the City finds that gratuities (in the form of entertainment, gifts or otherwise) were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the City to secure favorable treatment with respect to the awarding, amending, or making of any determination with respect to the performance of this Contract. In the event this Contract is terminated under this section, the City may collect, in addition to any other damages or remedies to which it may be entitled by law, exemplary damages in an amount neither less than three nor more than ten times the value of the gratuity offered or given to any city officer or employee. Section 7.4 Nondiscrimination In performing the services required under this Contract, the Contractor will not discriminate against any person on the basis of race, color, religion, sex, national origin, age or disability. The Contractor will comply with all laws and regulations prohibiting discriminating against employees or prospective employees because of age, religion, race, color, sex, disability, or national origin. The Contractor will submit reports at the City's request to assure compliance. Section 7.5 Construction All references in this Contract to any particular gender are for convenience only and will be construed and interpreted to be of the neuter gender. The term "will" is mandatory in this Contract. Section 7.6 Severability Should any provision in this Contract be found or deemed to be invalid, this Contract will be construed as not containing the provision, and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Contract are declared to be severable. Section 7.7 Compliance with Laws In performing this Contract, the Contractor, its subcontractors, successors and assigns will comply with all local, state and federal laws. Section 7.8 Public Information Act The City of San Marcos is governed by the TEXAS PUBLIC INFORMATION ACT (the "Act "), CHAPTER 552 OF THE TEXAS GOVERNMENT CODE. This Contract and all written information generated under this Contract may be subject to release under the Act. The Contractor shall not make any reports, information, data, etc. generated under this Contract available to any individual or organization without the written approval of the City. Section 7.9 Waiver /Renunciation No claim or right arising out of a breach of the Contract can be discharged in whole or in part by a waiver or renunciation of the claim or right unless the waiver or renunciation is supported by consideration and is Z