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Res 2024-206 approving a Change in Service to the agreement with Texas Disposal Systems, Inc., for the collection and disposal of solid waste and recyclable materials to extend the term of the agreement for five additional years
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Res 2024-206 approving a Change in Service to the agreement with Texas Disposal Systems, Inc., for the collection and disposal of solid waste and recyclable materials to extend the term of the agreement for five additional years
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11/4/2024 9:18:31 AM
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11/4/2024 9:18:06 AM
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Resolutions
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Approving
Number
2024-206
Date
10/15/2024
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630 E. Hopkins <br /> San Marcos, Texas 78666 <br /> Contractor: <br /> Texas Disposal Systems, Inc. <br /> P.O. Box 17126 <br /> Austin, TX 78760-7 <br /> ARTICLE 8 <br /> MICSELLANEOUS PROVISION <br /> Section 8.1 Governing Law and Venue <br /> This Contract is governed by the laws of the State of Texas. Exclusive venue for any dispute arising under <br /> this Contract is in . In the event of a dispute in federal court, venue will be in the United States District <br /> Court for the Western District of Texas,Austin Division. <br /> Section 8.2 Limitations <br /> As to all acts or failures to act by either party to this Contract, any applicable statute of limitations will <br /> commence to run and any alleged cause of action will be deemed to have accrued when the party <br /> commencing the cause of action knew or should have known of the existence of the subject act(s) or <br /> failure(s)to act. <br /> Section 8.3 Gratuities <br /> The City may terminate this contract if the City finds that gratuities (in the form of entertainment, gifts or <br /> otherwise)were offered or given by the Contractor or any agent or representative of the Contractor,to any <br /> officer or employee of the City to secure favorable treatment with respect to the awarding, amending, or <br /> making of any determination with respect to the performance of this Contract. In the event this Contract is <br /> terminated under this section,the City may collect, in addition to any other damages or remedies to which <br /> it may be entitled by law, exemplary damages in an amount neither less than three nor more than ten times <br /> the value of the gratuity offered or given to any city officer or employee. <br /> Section 8.4 Nondiscrimination <br /> In performing the services required under this Contract, the Contractor will not discriminate against any <br /> person on the basis of race,color,religion,sex,national origin,age or disability.The Contractor will comply <br /> with all laws and regulations prohibiting discriminating against employees or prospective employees <br /> because of age, religion, race, color, sex, disability, or national origin. The Contractor will submit reports <br /> at the City's request to assure compliance. <br /> Section 8.5 Construction <br /> All references in this Contract to any particular gender are for convenience only and will be construed and <br /> interpreted to be of the neuter gender. The term "will" is mandatory in this Contract. <br /> Section 8.6 Severability <br />
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