Res 2009-047 - Laserfiche WebLink

Home Browse Search

The stated limits of insurance required by this Paragraph are minimum only--they do not limit the Vendor's indemnity obligation, and it will be the Vendor'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 Vendor from compliance with these requirements. 8.4 The Vendor will provide the City with a fidelity bond as follows: Commercial Crime/Fidelity Bond: To cover employee dishonesty on a blanket basis to cover all its employees, including new hires which will be performing services on the City's premises, in an amount not less than $500,000.00. This Bond will be endorsed to cover "third-Party" theft of tangible property and/or money and securities. The City is to be listed as a loss payee. 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 Vendor and Vendor's firm have not 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 professional 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. Black Box Telephone Hardware and Software Master Purchase and Maintenance Agreement 14