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Res 2009-171
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Res 2009-171
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Last modified
3/15/2010 9:35:16 AM
Creation date
12/23/2009 8:30:54 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2009-171
Date
12/16/2009
Volume Book
184
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$500,000 on account of any one accident and in an amount of not less than $250,000 for <br />property damage. <br />The stated limits of insurance required by this Paragraph are minimum only--they do not limit <br />the Vendor's indemnity obligation, and it will be the Vendor's responsibility to determine what <br />limits are adequate. These limits may be met by basic policy limits or any combination of basic <br />limits and umbrella limits. The City's acceptance of certificates of insurance that do not comply <br />with these requirements in any respect does not release the Vendor from compliance with these <br />requirements. <br />8.4 The Vendor will provide the City with a fidelity bond as follows: <br />Commercial Crime/Fidelity Bond: To cover employee dishonesty on a blanket basis to <br />cover all its employees, including new hires, which will be performing services on the <br />City,'s premises, in an amount not less than $500,000.00. This Bond will be endorsed to <br />cover "third-Party" theft of tangible property and/or money and securities. The City is to <br />be listed as a loss payee. <br />ARTICLE 9 <br />MISCELLANEOUS PROVISIONS <br />9.1 This Agreement is governed by and will be construed under the laws of the State of <br />Texas. All obligations of both parties are performable and exclusive venue for any dispute <br />arising under this Agreement is in Hays County, Texas. <br />9.2 Both the Vendor and the City agree that the Vendor is an independent contractor and not <br />an employee, agent, partner, or joint venture with the City. The Vendor will not pledge or <br />attempt to pledge the credit of the City. <br />9.3 As to all acts or failures to act by either party to this Agreement, any applicable statute of <br />limitations will commence to run and any alleged cause of action will be deemed to have accrued <br />when the party commencing the cause of action knew or should have known of the existence of <br />the subject act(s) or failure(s) to act. <br />9.4 The Vendor will not use funds received by it directly or indirectly under the terms of this <br />Agreement for any State or local partisan political activity or to further the election or defeat of <br />any State or local candidate for public office. <br />9.5 The Vendor's personnel performing Services under this Agreement will not be <br />employees or officers of, nor have any contractual relations with the City. The Vendor will <br />inform City of any conflict of interest or potential conflict of interest that may arise during the <br />term of this Agreement. The Vendor hereby affirms that Vendor and Vendor's firm have not <br />made or agreed to make any valuable gift whether in the form of service, loan, thing, or promise <br />to any person or any of his/her immediate family, having the duty to recommend, the right to <br />vote upon, or any other direct influence on the selection of vendors to provide professional <br />services to the City within the two years preceding the execution of this Agreement. A campaign <br />Brazos Technology, Hand Held Ticket Writer System Agreement <br />14
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