Res 2013-157(a/)Collection Contract for Court fines & fees

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prior written notice has been given to the City. Failure of Perdue to demand a certificate or other sufficient evidence of full compliance with these insurance requirements or failure of Perdue to identify a deficiency from the evidence that is provided as proof of insurance will not be construed as a waiver of Perdue's obligation to maintain the required insurance coverage specified herein. Commercial general liability and motor vehicle insurance will be written with the City as an additional insured and will be endorsed to provide a waiver of the carrier's right of subrogation against the City. The kinds and amounts of insurance required are as follows: Workers' Compensation Insurance and /or Employer's Liability: In accordance with the provisions of the Workers' Compensation Act of the State of Texas and /or $500,000.00 5500,000.00 for Employer's Liability. Liability Insurance: (1) Commercial general liability insurance (standard ISO version) with a combined single limit of $1,000,000 for each occurrence and $1,000,000 in the aggregate, providing coverage for, but not limited to, bodily injury and property damage, premises /operations, products /completed operations, independent engineers as applicable. (2) Business Motor Vehicle liability insurance (standard ISO version) in an amount not less than $1,000,000 per occurrence (3) professional liability coverage to cover lawful claims arising in connection with the Project in the combined single limit amount of at least $1,000,000.00 as applicable. (c) The stated limits of insurance required by this Section are minimum only - -they do not limit Perdue's indemnity obligation, and it will be Perdue's responsibility to determine what limits are adequate. These limits may be met by basic policy limits or any combination of basic limits and umbrella limits. The City's acceptance of certificates of insurance that do not comply with these requirements in any respect does not release Perdue from compliance with these requirements. 11. No Waiver of Immunity The City's execution of and performance under the Contract will not act as a waiver by the City of any immunity from suit or liability to which it is entitled under applicable law. The parties acknowledge that the City, in executing and performing the Contract, is a governmental entity acting in a governmental capacity. 12. Remedies; No Waiver. In the event of a default or breach of the Contract by Perdue, the City reserves the right to choose among the remedies for the default or breach available to the City. These remedies may be used in conjunction with one another or separately, and together with any other statutory or common law remedies available to the City. Any failure by the City to enforce the Contract with respect to one or more defaults by Perdue will not waive the City's ability to enforce the Contract after that time. 10