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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executed by both parties. Section 8.14 Written Assurances Whenever one party to this Contract,in good faith,has reason to question the other parry's intent to perform, the former may demand that the other parry give written assurance of intent to perform. In the event that a demand is made and no such assurance is received within five(5)business days,the demanding party may treat this failure as an anticipatory repudiation of this Contract. Section 8.15 Smoke-Free The Contractor's attention is called to the fact that pursuant to San Marcos Ordinance No. 2013-57, as amended, all City of San Marcos owned and rented/leased properties are smoke free properties. All Consultants,their subconsultants and employees are prohibited from smoking while on City property. This prohibition includes the enclosed areas of public places and workplaces and within 10 feet of doors and windows of City-owned or rented buildings, all City parks and the grounds outside of nay City building. This prohibition includes e-cigarettes and other inhaled vapor devices.The City may terminate this Contract for noncompliance with this ordinance. ARTICLE 9 INSURANCE,INDEMNITY AND BONDS Section 9.1 Indemnity The Contractor will indemnify,hold harmless and defend the City and its employees,agents,officers and servants from any and all lawsuits, claims, demands and causes of action of any kind arising from the negligent or intentional wrongful acts of the Contractor, its employees, subcontractors or agents. This will include, but not be limited to, the amounts of judgments, penalties, interest, court costs, legal fees, and all other expenses incurred by the City arising in favor of any party, including the amounts of any damages or awards resulting from claims demands and causes of action for personal injuries, death or damages to property, alleged or actual infringement of patents, copyrights, and trademarks and without limitation by enumeration, all other claims, demands, or causes of action of every character occurring,resulting,or arising from any negligent or intentional wrongful act,error or omission of the Contractor and/or its agents and/or employees.This obligation of the Contractor will not be limited by reason of the specification of any particular insurance coverage in this Contract. Section 9.2 Insurance The Contractor will procure and maintain at its expense insurance in the kinds and amounts hereinafter provided with insurance companies authorized to do business in the State of,covering all operations under this Contract, whether performed by the Contractor or its agents, subcontractors or employees. Before commencing the work,the Contractor will furnish to the City a certificate or certificates in form satisfactory to the City, showing that the Contractor has complied with this paragraph. All certificates will provide that ' the policy will not be materially changed or canceled until at least 30 calendar days written notice has been given to the City, and will name the City as an additional insured on all policies except workers' compensation. The kinds and minimum amounts of insurance required are as follows. Failure of the Contractor to demand a certificate or other sufficient evidence of full compliance with these insurance requirements or failure of the Contractor to identify a deficiency from the evidence that is provided as proof of insurance will not be construed as a waiver of the Contractor's obligation to maintain the required insurance coverage specified herein. Commercial general liability insurance and motor vehicle insurance