Res 2013-197/Approving an agreement w/Source 1 Solutions for alcohol and drug testing services

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(c) The stated limits of insurance required by this Section are minimum only - -they do not limit the Consultant's indemnity obligation, and it will be the Consultant'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 the Consultant from compliance with these requirements. 11. No Waiver of Immunity The City's execution of and performance under the Agreement 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 Agreement, is a governmental entity acting in a governmental capacity. 12. Remedies; No Waiver. In the event of a default or breach of the Agreement by the Consultant, 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 Agreement with respect to one or more defaults by the Consultant will not waive the City's ability to enforce the Agreement after that time. 13. "Green" Procurement It is the City's intent to be proactive with regard to the environment. The City encourages "Value Purchasing" of environmentally friendly products. The Consultant is encouraged to identify and utilize green solutions in performing any services under the Agreement, as appropriate. 14. FundinpOut As applicable, the Consultant understands that funds for the payment for work performed by the Consultant under the Agreement have been provided through the City's budget approved by City Council for the current fiscal year only. State statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. The City cannot guarantee the availability of funds, and enters into the Agreement only to the extent such funds are made available. The Consultant acknowledges and agrees that it will have no recourse against the City for its failure to appropriate funds for the purposes of the Agreement in any fiscal year other than the year in which the Agreement was executed. The fiscal year for the City extends from October 1 st of each calendar year to September 30th of the following calendar year. 15. Safety The work to be performed under this contract will be performed entirely at the Consultant's risk. The Consultant will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work to be performed under this contract. The Consultant will take all reasonable precautions for the safety of and will provide all reasonable protection to prevent damage, injury, or loss to employees, the work, the endangered species, or the property affected by this contract. All damage or loss to any property caused in whole or in part by the Consultant, any subcontractor, or anyone directly or indirectly employed by any of them will be remedied by the Consultant. 9 CITY HALL • 630 EAST HOPKINS • SAN MARCOS, TExAs 78666.512.393.8150 • FACSIMILE 512.393.3983 SANMARCOSTX.GOV