Res 2015-104/Fifth Amended and Restated Contract with Texas Disposal Systems, Inc. for the Collection and Disposal of Solid Waste and Recyclable Materials which adds Curbside Green Waste Cart Services, discontinues servicing of the downtown public trash c

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Jared Miller, City Manager 630 E. Hopkins San Marcos,Texas 78666 Contractor: Texas Disposal Systems, Inc. P.O. Box 17126 Austin,TX 78760-7126 ARTICLE 8 MISCELLANEOUS PROVISIONS Section 8.1 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. In the event of a dispute in federal court,venue will be in the United States District Court for the Western District of Texas,Austin Division. Section 8.2 Limitations As to all acts or failures to act by either party to this Contract,any applicable statute of limitations will 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 8.3 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 8.4 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. A breach of this covenant may be regarded as a default of the Consultant of this Agreement. The Contractor will submit reports at the City's request to assure compliance. Section 8.5 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 8.6 Severability Should any provision in this Contract be found or deemed to be invalid,this Contract will be construed 19