Res 2013-197/Approving an agreement w/Source 1 Solutions for alcohol and drug testing services

Home Browse Search

(e) In performing the services required under the Agreement, the Consultant will not discriminate against any person on the basis of race, color, religion, sex, national origin, age, disability or ancestry. The Consultant agrees not to engage in employment practices which have the purpose or effect of discriminating against employees because of race, color, sex, religion, national origin, age, disability or ancestry. A breach of this covenant may be regarded as a default of the Consultant of the Agreement. (f) All references in the Agreement to any particular gender are for convenience only and will be construed and interpreted to be of the appropriate gender. The term "will" is mandatory in the Agreement. (g) Should any provision in the Agreement be found or deemed to be invalid, the Agreement 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 the Agreement are declared to be severable. Paragraph and Section headings included in the Agreement are for convenience only and are not intended to define or limit the scope of any provisions of the Agreement. (h) All services provided pursuant to the Agreement are for the exclusive use and benefit of the City and the Agreement will not give rise to any rights in third parties. (i) The City of San Marcos is governed by the Texas Public Information Act (the "Act "), Chapter 552 of the Texas Government Code. The Agreement and all written information generated under the Agreement may be subject to release under the Act. The Consultant will not make any reports, information, data, etc. generated under the Agreement available to any individual or organization without the written approval of the City. 0) In the event that the performance by either the City or the Consultant of any of its obligations under the Agreement is interrupted or delayed by events outside of their control such as acts of God, war, riot or civil commotion, then the party is excused from such performance for the period of time reasonably necessary to remedy the effects of such events. (k) The City and the Consultant, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to the Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of the Agreement. The City and the Consultant may not assign, sublet or transfer any of their rights or delegate or subcontract any of their duties under or interest in the Agreement in whole or in part, without the written consent of the other. Any work or services subcontracted under the Agreement will be specified by separate written agreement and will be subject to each provision of the Agreement. The Consultant will notify the City, in writing, of any change in its partnership /ownership within 30 calendar days of such change. (1) The Consultant, will complete the work in accordance with the schedule negotiated with the City and the Consultant, has taken into consideration and made allowance for all hindrances and delays incident to such work, whether growing out of delays in securing material, workers, weather or otherwise. No charge will be made by the Consultant for any hindrance or delay from any cause whatever during the progress of any portion of its work contemplated by the specifications, but the City may grant an extension of time for the completion of the work, provided it has satisfied that such delays or hindrances were due to extraordinary causes or to the acts of omission or commission by the City. It is agreed that the granting of such extensions of time will in no instance exceed the time actually lost by Consultant for reason of such causes, provided that the Consultant will give the City immediate notice in writing of the cause of the detention or delay. Any such extension of time will be provided utilizing the City's Authorization of Change in Services form included as Attachment C. 11 CITY HALL • 630 EAST HOPKINS • SAN MARCOS, TEXAS 786669 512.393.8150 • FACSIMILE 512.393.3983 SANMARCOSTX_GOV