Res 2018-167/approving an annual State Use Contract with Easter Seals-Central Texas as certified through TIBH Industries, Inc. for vegetation and litter control in the estimated amount of $1,125,843.63

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DocuSign Envelope ID: BC925467-OOA5-46AD-9939-DB4A75713BED amounts of any damages or awards resulting from claims, demands, and causes of action for personal injuries, death, or damages to property. The Contractor will procure and maintain, at its expense, insurance with insurance companies authorized to do business in the State of Texas, covering all operations under this Agreement, whether performed by the Contractor or its agents, subcontractors, or employees. Before commencing the work, the Contractor will furnish to the City a certificate or certificates in a form satisfactory to the City showing that the Contractor has complied with this paragraph. All certificates will provide that the policy will not be changed or cancelled until at least thirty (30) calendar days written notice will have been given to the City. Commercial general iability insurance and motor vehicle insurance will be written with the City of San Marcos, Texas, as an additional insured and will be endorsed to provide a waiver of the carrier's right of subrogation against the City. The kinds and amounts of insurance required are as follows: Workers' Compensation Insurance: In accordance with the provisions of the Workers' Compensation Act of the State of Texas. Liability Insurance: (1) Commercial general liability insurance with a combined single limit of $1,000,000 for each occurrence and $1,000,000 in the aggregate; and (2) motor vehicle liability insurance in an amount not less than $1,000,000 for injuries to any one person, $1,000,000 on account of any one accident, and in an amount of not less than $1,000,000 for property damage. The stated limits of insurance required by this Paragraph are minimum only and it will be the Contractor'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 Contractor from compliance with these requirements. Notice to be effective under this contract must be in writing and received by the party against whom it is to operate. Notice is received by a party as follows: (1) when it is delivered to the party personally; (2) on the date shown on the return receipt if mailed by registered or certified mail, return receipt requested, to the party's address specified in this Article 15 and signed on behalf of the party; or (3) three business days after its deposit in the United States mail, with first-class postage affixed, addressed to the party's address specified in this Article 15. Any party may change its address by providing notice of such change in accordance with the requirements of this Article 15. The City's address is as follows: Rodney Cobb, Executive Director Community Services City of San Marcos 630 East Hopkins Street San Marcos, Texas 78666 Office of the Purchasing Manager Finance Division 630 East Hopkins Street San Marcos, Texas 78666 Page 4 of 6