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Section 6.21 Smoking Ordinance <br />The Contractor's attention is called to the fact that pursuant to San Marcos Ordinance No. 2013- <br />57, as amended, all City of San Marcos owned and rented /leased properties are smoke free <br />properties. All Contractors, their subcontractors and employees are prohibited from smoking <br />while on City property. This prohibition includes the enclosed areas of public places and <br />workplaces and within 10 feet of doors and windows of City -owned or rented buildings, all City <br />parks and the grounds outside of any City building. This prohibition includes e- cigarettes and <br />other inhaled vapor devices. The City may terminate this Agreement for noncompliance <br />Section 6.22 Safety <br />The work to be performed under this contract will be performed entirely at the Contractor's risk. <br />The Contractor is responsible for initiating, maintaining, and supervising all safety precautions <br />and programs in connection with the work to be performed under this contract. The Contractor <br />will take all reasonable precautions for the safety of and will provide all reasonable protection to <br />prevent damage, injury, or loss to employees, the work, the endangered species, or the property <br />affected by this contract. All damage or loss to any property caused in whole or in part by the <br />Contractor, any subcontractor, or anyone directly or indirectly employed by any of them will be <br />remedied by the Contractor. <br />Section 6.23 Taxes <br />The Contractor will not include Federal taxes or State of Texas limited sales excise and use taxes <br />in its invoices or vouchers and statement of costs. The City is exempt from payment of such taxes <br />and the Contractor may retrieve a resale certificate for use on this Project from the State of Texas <br />Comptroller's website. <br />Section 6.24 "Green" Procurement <br />It is the City's intent to be proactive with regard to the environment. The City encourages "Value <br />Purchasing" of environmentally friendly products. The Contractor is encouraged to identify and <br />utilize green solutions in performing any services under the Agreement, as appropriate. <br />ARTICLE 7 <br />INSURANCE AND INDEMNITY <br />Section 7.1 Indemnity <br />The Contractor will indemnify, hold harmless and defend the City and its employees, agents, <br />officers and servants from any and all lawsuits, claims, demands and causes of action of any <br />kind arising from the negligent or intentional wrongful acts errors or omissions of the <br />Contractor, its officers, employees or agents. This will include, but not be limited to, the <br />amounts of judgments, penalties, interest, court costs, reasonable legal fees, and all other <br />expenses incurred by the City arising in favor of any party, including the amounts of any <br />damages or awards resulting from claims demands and causes of action for personal injuries, <br />17 <br />Recycling Services Contract 2014 <br />