Res 2000-097 - Laserfiche WebLink

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of Texas wage laws, including of the Texas Prevailing Wage Rate Statute. This contract will not be funded in whole or part with federal funds, and the provisions of the Davis- Bacon and related acts will not apply. In accordance with State law, the Contractor will: A. Pay all laborers, workers and mechanics of all skills employed at the site to perform work for not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work. The City has ascertained the general prevailing wage rate for each craft or type of worker or mechanic needed to execute the Contract and the rates are attached as Attachment G, B. Forfeit as a penalty to the '. City $60.00 for each laborer, worker or mechanic employed, for each calendar day or portion of a day that the worker or mechanic is paid less than the prevailing wage rates established in this Contract. 4. MISCELLANEOUS AGREEMENTS A. This Contract is governed by the law ofthe State of Texas. Exclusive venue for any dispute arising under this Contract is in Hays County, Texas. B. All references in this Contract to any particular gender are for convenience only and will be construed and interpreted to be of the appropriate gender. The term "will" is mandatory in this Contract. C. If any provision of this Contract is held to be invalid by a court of competent jurisdiction, this Contract shall be construed as not containing the provision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Contract are declared to be severable. D. All services provided pursuant to this Contract are for the exclusive use and benefit of the City. The City is exempt from sales and use taxes under State law. E. As to all acts or failures to act by either party to this Contract, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued when the party commencing the cause of action knew or should have known of the existence of the subject act(s) or failure(s) to act. F. Neither the City nor Contractor shall assign, sublet or transfer any interest in this Contract without the written consent of the other. G. The City of San Marcos is governed by the Texas Public Information Act, Chapter 552 of the Texas Government Code. This Contract and all written information generated under this Contract may be subject to release under this Act. 3