Res 2024-233 approving the award of a contract to CXT Inc., through the Sourcewell Cooperative Purchasing Program, for a precast concrete fully accessible restroom facility for the Dunbar Park Restroom

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Docusign Envelope ID:4882FD96-A208-44EA-8573-FB7767E265D9 33. Notices. All notices referenced in this Agreement shall be provided in writing. Notices shall be deemed effective when delivered by hand delivery or on the third business day after the notice is deposited in the U.S.Mail.Notices shall be sent to the following addresses: If to City: The City of San Marcos 630 East Hopkins Street San Marcos, Texas 78666 Attn: City Purchasing Manager's Office ;f �u� arwrcl��sin >cr s►r1�°« 1atit ,9Q_v With Copies to: The City of San Marcos 630 East Hopkins Street San Marcos, Texas 78666 Attn: City Attorney's Office 1s alltlo crcxrr1"11�rra �wty. If to Contractor: CXT,Inc. 606 N.Pines Road, Suite 202 Spokane Valley,WA 99206 Attn: Robert Vales t Vcals(i�Nbl)stcr.coni The parties may designate alternative persons or addresses for receipt of notices by written notice. 34. Dispute Resolution. If a dispute arises out of or relates to the Agreement or these Terms and Conditions, or a breach thereof,the parties agree to negotiate prior to prosecuting a suit for damages.However,this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief.Either party may make a written request for a meeting within fourteen(14)calendar days after receipt of the request or such later period as agreed by the parties.Each party shall include,at a minimum,one(1)senior level individual with decision-making authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will proceed directly to mediation as described below. Negotiation may be waived by a written agreement signed by both parties, in which event the parties may proceed directly to mediation as described below. If the efforts to resolve the dispute through negotiation fail, or the parties waive the negotiation process, the parties may select,within thirty(30)calendar days,a mediator trained in mediation skills to assist with resolution of the dispute. Should they choose this option, the City and the Contractor agree to act in good faith in the selection of the mediator and give consideration to qualified individuals nominated to act as mediator.Nothing in the Agreement prevents the parties from relying on the skills of a person who is trained in the subject matter of the dispute or a contract interpretation expert. The parties agree to participate in mediation in good faith for up to thirty(30) calendar days from the date of the first mediation session. The City and Contractor will share the mediator's fees equally and the parties will bear their own costs of participation such as fees for any consultants or attorneys they may utilize to represent them or otherwise assist them in the mediation. 35. Prohibition on Contracts with Companies that Discriminate Against Firearm and Ammunition Industries. Section 2274 of the Texas Government Code (SB19) restricts the City from contracting with companies that discriminate against firearm and ammunition industries. By signing below as an authorized signer,the Contractor certifies that it does not have a practice,policy,guidance,or directive that discriminates against a firearm entity or firearm trade association;and will not discriminate against the same during the term of this contract. (Only applies to companies with 10 or more full-time employees and for a contract value greater than$100,000.)Failure to maintain the requirements under this provision will be considered a material breach. Rev 11.27 2023 Page 6 of 7