Res 2014-164/Amended annual state use contract between Goodwill Temporary Services for janitorial services for COSM

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its employees, agents, officers, and servants from any and all lawsuits, claims, demands, and causes of action of any kind arising from the negligent or intentional acts, errors, or omissions of the Performing Party, its officers, employees, or agents. This will include, but not be limited to, the amounts of judgments, penalties, interest, court costs, reasonable legal fees, and all other expenses incurred by the Receiving Party arising in favor of any party, including the amounts of any damages or awards resulting from claims, demands, and causes of action for personal injuries, death, or damages to property. The Performing Party will procure and maintain at its expense insurance with insurance companies authorized to do business in the State of Texas, covering all operations under this Agreement, whether performed by the Performing Party or its agents, subcontractors, or employees. Before commencing the work the Performing Party will furnish to the Receiving Party a certificate or certificates in a form satisfactory to the Receiving Party, showing that the Performing Party has complied with this paragraph. All certificates will provide that the policy will not be changed or canceled until at least thirty (30) days written notice will have been given to the Receiving Party. Commercial general liability insurance and motor vehicle insurance will be written with the City of San Marcos, Texas, 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: In accordance with the provisions of the Workers' Compensation Act of the State of Texas. Liability Insurance: (1) Commercial general liability insurance with a combined single limit of $1,000,000 for each occurrence and $1,000,000 in the aggregate, (2) Motor Vehicle liability insurance in an amount not less than $1,000,000 for injuries to any one person, $1,000,000 on account of any one accident and in an amount of not less than $1,000,000 for property damage. The stated limits of insurance required by this Paragraph are minimum only- and it will be the Performing Party'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 Receiving Party's acceptance of certificates of insurance that do not comply with these requirements in any respect does not release the Performing Party from compliance with these requirements. ARTICLE 14. NOTICE TO PARTIES Notice to be effective under this contract must be in writing and received by the party against whom it is to operate. Notice is received by a party as follows: (1) when it is delivered to the party personally; (2) on the date shown on the return receipt if mailed by registered or certified mail, return receipt requested, to the party's address specified in this Article 14 and signed on behalf of the party; or (3) three business days after its deposit in the United States mail, with first -class postage affixed, addressed to the party's address specified in this Article 14. Any party 46