Res 2022-190R/approving an award of a contract to Electric Cab North America for Microtransit Solution services in an amount not to exceed $500,000.00

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DocuSign Envelope ID:75FE39C7-BC6A-40EE-BF86-44BCFC63729F 14.2 Provide the City with a thirty (30)days' written notice to the Certificate Holder prior to cancellation or material change of any insurance referred to in the certificate. 14.3 Failure of Certificate Holder to demand a certificate or other evidence of full compliance with these insurance requirements or failure of Certificate Holder to identify a deficiency from evidence that is provided will not be construed as a waiver of Insured's obligation to maintain such insurance. 14.4 Provide the City of San Marcos Purchasing and Contracting Division, 630 East Hopkins Street, San Marcos, Texas 78666, a Certificate of Insurance evidencing required coverage before execution of contract. 14.5 Submit a Certificate of Insurance reflecting coverage as follows: Automobile Liability: Bodily Injury(Each person) ................................................. $1,000,000.00 Bodily Injury(Each accident) ............................................... $1,000,000.00 Property Damage............................................................... $1,000,000.00 General Liability(Including Contractual Liability): Bodily Injury.................................. ............................... $1,000,000.00 Property Damage............................................................. $1,000,000.00 Workers' Compensation...................................................... Statutory 15. Additional Services/Change or Delay in Services. If a Party requires a change or amendment to this Agreement or its Exhibits,the Parties agree to use the Authorization of Change in Services Form in Exhibit B to do so.The Authorization of Change in Services Form must be agreed to and signed by both Patties before any change to this Agreement is effective. MISCELLANEOUS PROVISIONS 16. Entire Agreement. This Agreement supersedes all prior agreements,written or oral,between the Contractor and Owner and constitutes the entire and integrated Agreement and understanding between the parties with respect to the subject matter of the Agreement. This Agreement may only be amended by a written instrument signed by both parties. 17. Applicable Law/Venue. The Agreement will be governed by and construed under the laws of the State of Texas. Any controversy,claim or dispute arising out of or relating to this Agreement will be brought in a state court of competent jurisdiction in Hays County or, if in federal court, in the Federal Western District of Texas, Austin Division for trial. 18. Waiver. A delay or omission by either party in exercising any right or power under the Agreement shall not be construed as a waiver of that right or power. A waiver by either party of any term or condition of the Agreement shall not be construed as a waiver of any subsequent breach of that term or condition or of any other term or condition of the Agreement. 19. Severability. If any provision of this Agreement is detennined to be invalid or unenforceable in any respect,that determination shall not affect any other provision of this Agreement which shall be interpreted as if the invalid or unenforceable provision had not been included. 20. Independent Contractor. Contractor recognizes that it is engaged as an independent contractor and acknowledges that Owner shall have no responsibility to provide Contractor or its employees with any benefits normally associated with employee status. The Contractor will neither hold itself out as nor claim to be an officer,partner,employee or agent of Owner. 21. Family Code Child Support Certification. If State funds are being used in in the procurement of the services described in Exhibit A, pursuant to Section 231.006, Texas Family Code, Contractor certifies that it is not Rev 06.13.2022 Page 3 of 12