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Res 2014-169/Billing and Collection Services for SM Fire Department - Fire Recovery USA
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Res 2014-169/Billing and Collection Services for SM Fire Department - Fire Recovery USA
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Last modified
1/22/2015 4:00:11 PM
Creation date
12/19/2014 11:30:51 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2014-169
Date
12/16/2014
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8.3 The Company will procure and maintain at Company's expense insurance with insurance <br />companies authorized to do business in the State of Texas, covering all operations under this <br />Agreement, whether performed by Company or Company's agents, subcontractors or employees. <br />Before commencing the work, the Company will furnish to the City a certificate or certificates in <br />form satisfactory to the City, showing that Company has complied with this paragraph. All <br />certificates will provide that the policy will not be changed or canceled until at least 30 calendar <br />days written notice has been given to the City. Commercial general liability insurance and motor <br />vehicle insurance will be written with the City of San Marcos, Texas as an additional insured and <br />will be endorsed to provide a waiver of the carrier's right of subrogation against the City. The <br />kinds and amounts of insurance required are as follows: <br />Workers' Compensation Insurance: In accordance with the provisions of the Workers' <br />Compensation Act of the State of Texas. <br />Liability Insurance: (1) Commercial general liability insurance with a combined single <br />limit of $500,000 for each occurrence and $500,000.00 in the aggregate, (2) Motor Vehicle liability <br />insurance in an amount not less than $250,000.00 for injuries to any one person, $500,000 on <br />account of any one accident and in an amount of not less than $250,000.00 for property damage. <br />The stated limits of insurance required by this Paragraph are minimum only —they do not <br />limit the Company's indemnity obligation, and it will be the Company's responsibility to <br />determine what limits are adequate. These limits may be basic policy limits or any combination <br />of basic limits and umbrella limits. The City's acceptance of Certificates of Insurance that do not <br />comply with these requirements in any respect does not release the Company from compliance <br />with these requirements. <br />ARTICLE 9 <br />MISCELLANEOUS PROVISIONS <br />9.1 This Agreement is governed by and will be construed under the laws of the State of Texas. <br />All obligations of both parties are performable and exclusive venue for any dispute arising under <br />this Agreement is in Hays County, Texas. <br />9.2 As to all acts or failures to act by either party to this Agreement, any applicable statute of <br />limitations will commence to run and any alleged cause of action will be deemed to have accrued <br />when the party commencing the cause of action knew or should have known of the existence of <br />the subject act(s) or failure(s) to act. <br />9.3 The Company will not use funds received by it directly or indirectly under the terms of this <br />Agreement for any partisan political activity or to further the election or defeat of any candidate <br />for public office. <br />9.4 The Consultant hereby affirms that neither the Consultant, the Consultant's firm nor any <br />of its associates or employees have made or agreed to make any valuable gift whether in the form <br />Fire Recovery USA, LLC 2014 <br />10 <br />
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