Res 2008-051 - Laserfiche WebLink

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8.2 For Phase 2 Services only, the remedies specified in this Article 8.2 will be the sole and exclusive remedies of the City regarding those services. Notwithstanding anything in this Agreement to the Contrary, no party will be liable to the other party or to any third party for exemplary, special, indirect, incidental or consequential damages relating to, arising out of or in connection with this Agreement. In no event will the Vendor's liability to Customer arising out of, relating to or in connection with this Agreement exceed the aggregate amount of monies received by the Vendor from the City. 8.3 The Vendor will procure and maintain, at Vendor's expense, insurance with companies authorized to do insurance business in the State of Texas, covering all operations under this Agreement, whether performed by Vendor or Vendor's agents, subcontractor or employees. Before commencing the work the Vendor will furnish to the City a certificate or certificates in form satisfactory to the City, showing that Vendor has complied with this paragraph. All certificates will provide that the policy will not be changed or canceled until at least 30 days written notice will have been given to the City. Commercial general liability 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: The Vendor certifies that it as does not have any employees, paid or unpaid, and has executed Attachment B regarding Workers Compensation Insurance. At such time as the Vendor does employ others it will provide 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 $500,000 for each occurrence and $500,000.00 in the aggregate, (2) Motor Vehicle liability insurance in an amount not less than $250,000.00 for injuries to any one person, $500,000 on account of any one accident and in an amount of not less than $250,000.00 for property damage and (3) professional liability coverage to cover lawful claims arising in connection with this Project in the combined single limit amount of at least $500,000.00. The stated limits of insurance required by this Paragraph are minimum coverage only and they do not limit the Vendor's indemnity obligation. It is the Vendor's responsibility to determine what limits is adequate. These limits may be 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 Vendor from compliance with these requirements. 8.4 The Vendor will provide Performance and Payment Bonds utilizing the forms provided in this Agreement (Attachments E and F). Each bond will be written in the amount of $500,000.00 and will be provided by the Vendor following execution of this Agreement, but not later than the beginning of Phase 2, Full Deployment. No work under Phase 2 will begin until such time that the Vendor satisfies this bonding requirement. In the event that the Vendor does not deliver the Performance and Payment bonds as stipulated in this Section 8.3, the Vendor will be considered Advanced Metering Infrastructure Agreement Page 20