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Res 2009-067
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Res 2009-067
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Last modified
5/18/2009 3:36:52 PM
Creation date
5/12/2009 11:32:36 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
2009-67
Date
5/5/2009
Volume Book
181
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obligations of both parties are performable and exclusive venue for any dispute arising under this <br />Contract is in Hays County, Texas. <br />Section 6.2 Limitations <br />As to all acts or failures to act by either party to this Contract, any applicable statute of <br />limitations will commence to run and any alleged cause of action will be deemed to have accrued <br />when the party commencing the cause of action knew or should have known of the existence of <br />the subject act(s) or failure(s) to act. <br />Section 6.3 Gratuities <br />The Contractor hereby affirms that the Contractor has not made or agreed to make any valuable <br />gift whether in the form of service, loan, thing or promise to any person or any of his/her <br />immediate family, having the duty to recommend, the right to vote upon, or any other direct <br />influence on the selection of contractors to provide these Services to the city within the two years <br />preceding the execution of this Contract. A campaign contribution as defined by the Texas <br />Election Code or the San Marcos City Code will not be considered as a valuable gift for the <br />purposes of this Contract. The City may terminate this contract if the City finds that gratuities <br />(in the form of entertainment, gifts or otherwise) were offered or given by the Contractor or any <br />agent or representative of the Contractor, to any officer or employee of the City to secure <br />favorable treatment with respect to the awarding, amending, or making of any determination <br />with respect to the performance of this Contract. In the event this Contract is terminated under <br />this section, the City may collect, in addition to any other damages or remedies to which it may <br />be entitled by law, exemplary damages in an amount not less than three or more than ten times <br />the value of the gratuity offered or given to any city officer or employee. <br />Section 6.4 Partisan Political Activity <br />The Contractor will not use funds received by it directly or indirectly under the terms of this <br />Contract for any partisan political activity or to further the election or defeat of any candidate for <br />public office. <br />Section 6.5 Nondiscrimination <br />In performing the services required under this Contract, the Contractor will not discriminate <br />against any person on the basis of race, color, religion, sex, national origin, age, disability, or <br />ancestry. The Contractor agrees not to engage in employment practices which have the purpose <br />or effect of discriminating against employees or prospective employees because of race, color, <br />sex, religion, national origin, age, disability or ancestry and will comply with all laws and <br />regulations prohibiting such discrimination. The Contractor will submit reports at the City's <br />request to assure compliance. A breach of this covenant may be regarded as a default by the <br />Contractor of the Agreement. <br />11
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