Res 1997-124 - Laserfiche WebLink

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I I after notice and hearing, that gratuities (in the form of entertainment, gifts or otherwise) were offered or given by BFI or any agent or representative of BFI, 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 not less than three (3) nor more than ten (10) times the value of the gratuity offered or given to any city officer or employee. 6.4 In performing the services required under this Contract, BFI will not discriminate against any person on the basis of race, color, religion, sex, national origin, age or disability. 6.5 BFI will not engage in employment practices which have the effect of discriminating against employees or prospective employees because of age, religion, race, color, sex, disability, or national origin and will submit reports as the City may thereafter require to assure compliance. 6.6 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. 6.7 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. 6.8 In performing this Contract, BFI, its subcontractors, successors and assigns will comply with all local, state and federal laws. 6.9 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. BFI 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. 6.10 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 in writing and signed by both parties. 6.11 BFI is responsible for the performance of the Contract. In the event BFI changes its name, the City Manager must be notified in writing immediately. No change in the obligations of BFI will be recognized until such change is approved by the City Manager. A fee of $100.00, payable to the City, will be charged BFI for administrative costs in processing each change under this proviSion. The Contract will then be modified to reflect the change. 18