Res 2015-135/approving an agreement between the City and Wells Fargo Bank, N.A. for the provision of Depository Services contingent upon the depository’s provision of sufficient insurance in accordance with the attached agreement

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not limit the Depository's indemnity obligation, and it will be the Depository's responsibility to determine what limits are adequate. These limits may be basic policy limits or any combination of basic limits and nnnbrella limits. The City's acceptance of Certificates of Insurance that do not comply with these requirements in any respect does not release the Depository from compliance with these requirements ARTICLE 9 MISCELLANEOUS PROVISLONS 9.1. This Agreement is governed by and will be construed wider the applicable laws of the united States and 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 the state or federal courts in or for Hays County, Texas. 9.2 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 failffe(s) to act. 9.3 The Depository will not use funds received by it directly or indirectly under the terms of this Agreement for any partisan political activity or to further the election or defeat of any candidate for public office. 9.4 T'he Depository hereby affirms that the Depository has not made or agreed to make any valuable gilt whether in the torn-i of service, loan, thing, or promise to any person or any of his/her immediate tamily, having the duty to recommend, the right to vote upon, or any other direct influence on the selection of consultants 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 gilt for the purposes of this Agreement The Depository further agrees that none of its paid personnel will be employees of the City or have any contractual relationship with the City. All activities, investigations, and other efforts made by the Depository pursuant to the Agreement will be conducted by employees, associates, or independent contractors of the Depository. 9.5 As applicable to this Agreement, the Depository understands that funds for the payment for services performed by the I:)epository under this Agreement have been provided through the City's budget approved by City Council for the current fiscal year only. State statutes prohibit the obligation and expenditure of public finds beyond. the fiscal year for which a budget has been approved. The City cannot guarantee the availability of funds, and enters into the Agreement only to the extent such funds are made available. 'l°he Depository acknowledges and agrees that it will have no recourse against the City for its failure to appropriate funds for the purposes of the Agreement in any fiscal year other than the year in which the Agreement was executed. The fiscal year for the City extends from October 1st of each calendar year to September 30th of the following calendar year. 9.6 In performing the services required render this Agreement, the Depository will not discriminate against any person on the basis of race. color, religion, sex, national origin. age, 7