Res 2015-097/approving the terms and conditions of an contract with Que Tel corporation for an expansion of the Police Department’s current contract with the company

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The Contractor will ensure that, while on City premises, Contractor's personnel and subcontractors will comply with the City's working rules and policies, including the City's security procedures. The Contractor's attention is called to the fact that pursuant to San Marcos Ordinance No. 2013 -57, as amended, all City of San Marcos owned and rented /leased properties are smoke free properties. The Contractor, its subcontractors and employees are prohibited from smoking while on City property. This prohibition includes the enclosed areas of public places and workplaces and within 10 feet of doors and windows of City -owned or rented buildings, all City parks and the grounds outside of any City building. This prohibition includes e- cigarettes and other inhaled vapor devices. The City may terminate this Agreement for noncompliance with this ordinance. The Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self - administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and for any and all extensions of this Agreement, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of its Services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of Texas. The insurance carrier is required to have a current Best's Key Rating of not less than "AVII ". OR with a surplus line insurer on the State of Texas's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "AX ". 10.1 Coverages and Limits. The Contractor will maintain the types of coverages and minimum limits indicated below. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, !I