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