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the Contractor shall not have the right to substitute a the Contract, and that the Deliverables are free and clear of
<br />conforming tender; provided, where the time for all liens, claims, security interests and encumbrances.The
<br />performance has not yet expired, the Contractor may Contractor shall indemnify and hold the City harmless
<br />notify the City of the intention to cure and may then make from and against all adverse title claims to the
<br />a conforming tender within the time allotted in the Deliverables.
<br />contract.
<br />15.Modifications. This Agreement may be modified by a
<br />8.Workforce.The Contractor shall employ onlyorderly and
<br />written amendment signed by both parties to the
<br />competent workers, skilled in the performance of theAgreement.
<br />services which they will perform under the Agreement.
<br />16.Warranty-Price.
<br />9.Payments. City will pay Contractor for goods and services
<br />in accordance with Chapter 2251, Texas Government Code.a.The Contractor warrants the prices quoted in the
<br />City, a municipality in the State of Texas, is exempt frombid/proposal are no higher than the Contractor's
<br />Texas Sales & Use Tax on goods and services incurrent prices on orders by others for like goods under
<br />accordance with Section 151.309, Texas Tax Code, andsimilar terms of purchase.
<br />Title 34 Texas Administrative Code (“TAC”) Section 3.322.b.The Contractor certifies that the prices in the
<br />bid/proposal have been arrived at independently
<br />10.Limit on Value. Contractor acknowledges and agrees thatwithout consultation, communication, or agreement
<br />the total aggregate value of the Agreement together with
<br />for the purpose of restricting competition, as to any
<br />any related change orders, amendments, or addendums
<br />matter relating to such fees with any other firm or with
<br />will not exceed forty-nine thousand nine hundred ninety- any competitor.
<br />nine dollars and ninety-nine cents ($49,999.99) withoutc.In addition to any other remedy available, the City
<br />the approval of the City Council of the City.may deduct from any amounts owed to the Contractor,
<br />or otherwise recover, any amounts paid for items in
<br />excess of the Contractor's current prices on orders by
<br />11.Right to Audit.
<br />others for like goods under similar terms of purchase.
<br />a.Contractor agrees that the representatives of the
<br />Finance Department of the City or other authorized 17.Warranty-Deliverables. The Contractor warrants and
<br />representatives of the City shall have access to, and therepresents that all Deliverables sold the City under the
<br />right to audit, examine, or reproduce, any and allAgreement shall be free from defects in design,
<br />records of the Contractor related to the performanceworkmanship or manufacture, and conform in all material
<br />under this Contract. The Contractor shall retain allrespects to the specifications, drawings, and descriptions
<br />such records for a period of three (3) years after finalin the Agreement, to any samples furnished by the
<br />payment on this Contract or until all audit andContractor, to the terms, covenants and conditions of the
<br />litigation matters that the City has brought to theContract, and to all applicable State, Federal or local laws,
<br />attention of the Contractor are resolved, whichever isrules, and regulations, and industry codes and standards.
<br />longer. The Contractor agreesto refund to the City anyUnless otherwise stated in the Agreement, the
<br />overpayments disclosed by any such audit.Deliverables shall be new or recycled merchandise, and
<br />b.The Contractor shall include Section a. above in allnot used or reconditioned.
<br />subcontractor agreements entered into in connection
<br />with the Agreement.a.Recycled Deliverables shall be clearly identified as
<br />such.
<br />12.Access to Premise and City Rules. Contractor willb.The Contractor may not limit, exclude or disclaim the
<br />conduct all its operations on the City’s premises in
<br />foregoing warranty or any warranty implied by law;
<br />conformity with all applicable federal and state laws, rulesand any attempt to do so shall be without force or
<br />and regulations, and local ordinances and rules includingeffect.
<br />but not limited to, prohibitions related to tobacco use,c.Unless otherwise specified in the Agreement, the
<br />alcohol, and other drugs.warranty period shall be at least one (1) year from the
<br />date of acceptance of the Deliverables or from the date
<br />13.Travel Expenses. No travel, lodging or per diem expensesof acceptance of any replacement Deliverables. If
<br />in connection with the Agreement will be reimbursedduring the warranty period, one or more of the above
<br />unless both the City and the Contractor come to writtenwarranties are breached, the Contractor shall promptly
<br />agreement on the terms of such reimbursement.upon receipt of demand either repair the non-
<br />conforming Deliverables, or replace the non-
<br />14.Warranty-Title. The Contractor warrants that it has good
<br />conforming Deliverables with fully conforming
<br />and indefeasible title to all Deliverables furnished under
<br />Deliverables, at the City’s option and at no additional
<br />cost to the City. All costs incidental to such repair or
<br />Rev. 05.15.20Page 2of 7
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