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for the term of this Agreement with the City will not hire any employees. If, in the event the Consultant <br />does hire employees during the term of this Agreement with the City, it will provide the City with the <br />required proof of workers' compensation insurance or equal coverage. <br />Liability Insurance: (1) Commercial general liability insurance (standard ISO version) with a combined <br />single limit of $1,000,000 for each occurrence and $1,000,000 in the aggregate, providing coverage for, but <br />not limited to, bodily injury and property damage, premises /operations, products/completed operations, <br />independent consultants as applicable. (2) Business Motor Vehicle liability insurance (standard ISO <br />version) in an amount not less than $1,000,000 per occurrence (3) professional liability coverage to cover <br />lawful claims arising in connection with the Project in the combined single limit amount of at least <br />$1,000,000.00 as applicable. Should the Consultant not own any automobiles, the business auto liability <br />requirement will be amended to allow the Consultant to agree to maintain only Hired and Non -Owned Auto <br />Liability. This amended coverage requirement may be satisfied by way of endorsement to the Commercial <br />General Liability or separate Business Auto Policy. <br />(c) The stated limits of insurance required by this Section are minimum only —they do not limit the <br />Consultant's indemnity obligation, and it will be the Consultant's responsibility to determine what limits <br />are adequate. These limits may be met by basic policy limits or any combination of basic limits and <br />umbrella limits. The City's acceptance of certificates of insurance that do not comply with these <br />requirements in any respect does not release the Consultant from compliance with these requirements. <br />11. No Waiver of Immunity <br />The City's execution of and performance under the Agreement will not act as a waiver by the City of any <br />immunity from suit or liability to which it is entitled under applicable law. The parties acknowledge that <br />the City, in executing and performing the Agreement, is a governmental entity acting in a governmental <br />capacity. <br />12. Remedies, No Waiver. <br />In the event of a default or breach of this Agreement by the Consultant, the City reserves the right to choose <br />among the remedies for the default or breach available to the City. These remedies may be used in <br />conjunction with one another or separately, and together with any other statutory or common law remedies <br />available to the City. Any failure by the City to enforce this Agreement with respect to one or more defaults <br />by the Consultant will not waive the City's ability to enforce this Agreement after that time. <br />13. "Greed' Procurement <br />It is the City's intent to be proactive with regard to the environment. The City encourages "Value <br />Purchasing" of environmentally friendly products. The Consultant is encouraged to identify and utilize <br />green solutions in performing any services under this Agreement, as appropriate. <br />14. Funding Out <br />As applicable, the Consultant understands that funds for the payment for work performed by the Consultant <br />under this Agreement have been provided through the City's budget approved by City Council for the <br />current fiscal year only. State statutes prohibit the obligation and expenditure of public funds beyond the <br />fiscal year for which a budget has been approved. The City cannot guarantee the availability of funds, and <br />enters into this Agreement only to the extent such funds are made available. The Consultant acknowledges <br />and agrees that it will have no recourse against the City for its failure to appropriate funds for the purposes <br />9 <br />CITY HALL • 630 EAST HOPKJNS • SAN MARCOS, TEXAS 786669 512.393.8150 • FACSIMILE 512.393.3983 <br />SANMARCOSTX.GOV <br />