|
t m klZMC s
<br /> nominees, the sole and exclusive right, title, and
<br /> interest in and to the Deliverables. The Contractor's Agreement, and will maintain worker's
<br /> obligation to execute, acknowledge, and deliver (or compensation coverage (either by insurance or if
<br /> cause to be executed, acknowledged, and delivered) qualified pursuant to law, through a self-insurance
<br /> instruments or papers such as those described in this program) covering all employees performing the
<br /> Section 19 a., b., and c. shall continue after the Agreement on premises occupied by or under the
<br /> termination of this Contract with respect to such control of City. Contractor may receive copies of
<br /> Deliverables.
<br /> specific requirements for coverage by contacting the
<br /> 20. Right to Use Specific City Marks. Contractor Risk Management Department of the City at 512-
<br /> understands and acknowledges that the City owns all rights to 393-8060.
<br /> the name, logos, and symbols of City ("City Marks"). All
<br /> rights to the City Marks will at all times remain the property 23. Gratuities. The City may terminate this contract if the
<br /> of the City. Subject to these Terms and Conditions, City's Ethics Review Commission finds,after notice
<br /> the City may grant to Contractor a and hearing,that gratuities(in the form of entertainment, gifts
<br /> nonexclusive right to use those specific City Marks that are or otherwise)were offered or given by the Contractor,or
<br /> directly required to complete Contractor's obligations in any agent or representative of the
<br /> the Agreement, and which are approved for use in Contractor,to any officer or employee of the City to secure
<br /> accordance with this Section. favorable treatment with respect to the awarding,
<br /> amending, or making of any determination with respect
<br /> All use of the City Marks will be in a manner that (i) to the performance of the contract
<br /> complies with applicable laws, City Rules; (ii) is
<br /> consistent with Contractor's use of other City Marks under 24. Compliance with Health, Safety, and Environmental
<br /> similar situations; and (iii) will not tarnish the City Marks. Regulations. The Contractor, its Subcontractors, and their
<br /> Any use of City Marks by Contractor MUST be approved as respective employees, shall comply fully with all applicable
<br /> follows: Requests for approval will be in writing, federal, state, and local health, safety, and environmental
<br /> accompanied by the material requested to be approved, laws, ordinances, rules and regulations in the performance of
<br /> will be transmitted by e-mail, express mail, overnight the services, including but not limited
<br /> carrier,or regular mail,and will be addressed as follows: to those promulgated by the City and by the Occupational
<br /> Safety and Health Administration (OSHA), and
<br /> Director,Communications recommendations of the Center for Disease Control
<br /> City of San Marcos (CDC). In case of conflict, the most stringent
<br /> 630 East Hopkins Street safety requirement shall govern.The Contractor shall
<br /> San Marcos,TX 78666 indemnify and hold the City harmless from and against all
<br /> 512-393-8242 claims, demands, suits, actions,judgments,fines,
<br /> communicationsinfo(&sanmarcostx.jzov penalties and liability of every kind arising from the
<br /> City will notify Contractor via e-mail or facsimile of City's breach of the Contractor's obligations under this
<br /> approval or disapproval of Contractor's request to utilize Section.
<br /> City Marks in accordance with this Section. Reasonable 25. Subcontracting(HUB).When applicable,Contractor will
<br /> effort will be made to timely notify Contractor of approval or use good faith efforts to subcontract work performed under the
<br /> disapproval. Contractor should make every effort to submit Agreement in accordance with the Historically
<br /> all uses for approval as early as practicable. Underutilized Business Subcontracting Plan ("HSP") as
<br /> submitted by Contractor.Except as specifically provided in
<br /> 21. Insurance. Contractor acknowledges that City, as a the HSP,Contractor will not subcontract any of its duties or
<br /> municipality in the State of Texas, maintains and operates obligations under the Agreement,in whole or in part.
<br /> programs of self-insurance.City will maintain during the term
<br /> of this Agreement a self-insurance program and,upon written 26. Limitations. THE PARTIES ARE AWARE THAT
<br /> request, will provide to Contractor a written description THERE MAY BE CONSTITUTIONAL AND
<br /> of such self-insurance program. STATUTORY LIMITATIONS ON THE AUTHORITY
<br /> OF CITY (A TEXAS MUNICIPALITY) TO ENTER
<br /> 22. Contractor Insurance. In the event Contractor, its INTO CERTAIN TERMS AND CONDITIONS THAT
<br /> employees, agents or subcontractors enter premises MAY BE PART OF THE AGREEMENT, INCLUDING,
<br /> BUT NOT LIMITED TO, THOSE TERMS AND
<br /> occupied by or under the control of City in the CONDITIONS RELATING TO DISCLAIMERS AND
<br /> performance of the Agreement, Contractor agrees that it LIMITATIONS OF WARRANTIES; DISCLAIMERS
<br /> will maintain public liability and property damage AND LIMITATIONS OF LIABILITY FOR DAMAGES;
<br /> insurance in reasonable limits covering the obligations set WAIVERS, DISCLAIMERS AND LIMITATIONS OF
<br /> forth in the LEGAL RIGHTS, REMEDIES, REQUIREMENTS AND
<br /> PROCESSES; GRANTING CONTROL OF
<br /> LITIGATION OR SETTLEMENT TO
<br /> ANOTHER PARTY; LIABILITY FOR ACTS OR
<br /> OMISSIONS OF
<br />
|