Res 2014-005/Approving a telephone hardware and software master purchase and maintenance agreement w/Norstan Communications dba Black Box Network services

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providing coverage for, but not limited to, bodily injury and property damage, premises /operations, products /completed operations, independent contractors as applicable. (2) Business Motor Vehicle liability insurance (standard ISO version) in an amount not less than $1,000,000 per occurrence Should the Contractor not own any automobiles, the business auto liability requirement will be amended to allow the Contractor to agree to maintain only Hired and Non - Owned Auto Liability. This amended coverage requirement may be satisfied by way of endorsement to the Commercial General Liability or separate Business Auto Policy. (d) The stated limits of insurance required by this Section are minimum only - -they do not limit the Contractor's indemnity obligation, and it will be the Contractor'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 Contractor from compliance with these requirements. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 This Agreement is governed by and will be construed under the laws of the State of Texas. All obligations of both parties are performable and exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. 9.2 Both the Vendor and the City agree that the Vendor is an independent contractor and not an employee, agent, partner, or joint venture with the City. The Vendor will not pledge or attempt to pledge the credit of the City. 9.3 As to all acts or failures to act by either party to this Agreement, 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. 9.4 The Vendor will not use funds received by it directly or indirectly under the terms of this Agreement for any State or local partisan political activity or to further the election or defeat of any State or local candidate for public office. 9.5 The Vendor hereby affirms that neither the Vendor, the Vendor's firm nor any of its associates or employees have made or agreed to make any valuable gift whether in the form of service, loan, thing, or promise to any person or any of his/her immediate family, having the duty to recommend, the right to vote upon, or any other direct influence on the selection of vendors to provide services to the City within the two years preceding the execution of this Agreement. A campaign contribution, as defined by the Texas Election Code or the San Marcos City Code will not be considered as a valuable gift for the purposes of this Agreement. The Vendor further agrees that none of its paid personnel will be employees of the City or have any contractual relationship with the City. All activities and other efforts made by the Vendor pursuant to the Black Box Telephone Hardware and Software Master Maintenance and Purchase Agreement 2013 17