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State of Texas,covering all operations under this Agreement,
<br /> whether performed by the Contractor or its agents,
<br /> subcontractors or employees. Before commencing the work the
<br /> Contractor will furnish to the City a certificate or certificates in a
<br /> form satisfactory to the City,showing that Contractor has gift whether in the form of service,loan,thing,or promise to any
<br /> will provide that person or any of his/her immediate family,having the duty to
<br /> complied with this paragraph. All certificates
<br /> the policy will not be canceled until at least 30 days written recommend,the right to vote upon,or any other direct influence on
<br /> the selection of contractors to provide professional services to the
<br /> notice has been given to the City,and will name the City as an
<br /> additional insured on all coverages except workers' City within the two years preceding the execution of this Agreement.
<br /> compensation and professional liability.The kinds and amounts A campaign contribution,as defined by the Texas Election Code or
<br /> of insurance required are as follows: the San Marcos City Code will not be considered as a valuable gift for
<br /> the purposes of this Agreement.
<br /> Workers'Compensation Insurance:In accordance with the
<br /> provisions of the Workers'Compensation Act of the State of (e) In performing the services required under this Agreement,
<br /> Texas. the Contractor will not discriminate against any person on the basis of
<br /> race,color,religion,sex,national origin,age or disability.
<br /> Liability Insurance: (1)Commercial general liability insurance
<br /> with a combined single limit of$500,000 for each occurrence (f) All references in this Agreement to any particular gender are
<br /> and$500,000 in the aggregate,(2)Motor Vehicle liability for convenience only and will be construed and interpreted to be of
<br /> insurance in an amount not less than$250,000 for injuries to any the appropriate gender.The term"will"is mandatory in this
<br /> one person,$500,000 on account of any one accident and in an Agreement.
<br /> amount of not less than$250,000 for property damage.
<br /> (g) Should any provision in this Agreement be found or deemed
<br /> (c) The stated limits of insurance required by this Paragraph to be invalid,this Agreement will be construed as not containing the
<br /> provision,and all other provisions which are otherwise lawful will
<br /> are minimum only--they do not limit the Contractor's indemnity
<br /> remain in full force and effect,and to this end the provisions of this
<br /> obligation,and it will be the Contractor's responsibility to
<br /> determine what limits are adequate.These limits may be met by Agreement are declared to be severable.
<br /> basic policy limits or any combination of basic limits and
<br /> umbrella limits. The City's acceptance of certificates of (h) All services provided pursuant to this Agreement are for the
<br /> insurance that do not comply with these requirements in any exclusive use and benefit of the City.
<br /> respect does not release the Contractor from compliance with
<br /> these requirements. (i) The City of San Marcos is governed by the Texas Public
<br /> Information Act(the"Act"),Chapter 552 of the Texas Government
<br /> 7. No Waiver of immunity Code. This Agreement and all written information generated under
<br /> this agreement may be subject to release under the Act. The
<br /> The City's execution of and performance under this Agreement Contractor shall not make any reports,information,data,etc.
<br /> will not act as a waiver by the City of any immunity from suit or generated under this Agreement available to any individual or
<br /> liability to which it is entitled under Texas law. The parties organization without the written approval of the City.
<br /> acknowledge that the City,in executing and performing this
<br /> Agreement,is a governmental entity acting in a governmental (1) The City and the Contractor,respectively,bind themselves,
<br /> capacity. their partners,successors,assigns and legal representatives to the
<br /> other party to this Agreement and to the partners,successors,assigns
<br /> 8. Miscellaneous Provisions and legal representatives of such other party with respect to all
<br /> covenants of this Agreement. The City and the Contractor may not
<br /> (a) This Agreement is governed by the law of the State of assign,sublet or transfer any interest in this Agreement without the
<br /> Texas. Exclusive venue for any dispute arising under this written consent of the other.
<br /> Agreement is in Hays County,Texas.
<br /> (k) This Agreement represents the entire and integrated Agreement
<br /> (b) As to all acts or failures to act by either party to this between the City and the Contractor and supersedes all prior
<br /> negotiations,representations or agreements either written or oral.
<br /> Agreement,any applicable statute of limitations will commence
<br /> to run and any alleged cause of action will be deemed to have
<br /> accrued when the party commencing the cause of action knew or (I) The City may,from time to time,request changes in the scope of
<br /> should have known of the existence of the subject act or failure services to be performed under the Agreement,Each material change
<br /> to act. (deletion or addition)in the services to be provided by Contractor
<br /> must be authorized by the City on the Authorization of Change in
<br /> (c) The Contractor agrees not to use funds received by it under Services form attached to the Agreement. Compensation for
<br /> additional services will be in addition to that specified
<br /> the terms of this Agreement for any partisan political activity or for Basic
<br /> to further the election or defeat of any candidate for public office. Services in accordance with this Agreement. The approval of the
<br /> City's governing body is necessary for all additional services the
<br /> compensation for which exceeds$25,000.00.Except as to a change in
<br /> (d) The Contractor hereby affirms that Contractor and the scope of services,the compensation for which does not exceed
<br /> Contractor's firm have not made or agreed to make any valuable $25,000.00,this Agreement may be amended only by written
<br /> instrument approved by the City's governing body and signed by both
<br /> the City and the Contractor.
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