Res 2008-099 - Laserfiche WebLink

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negligent or intentional wrongful act, error or omission of the Auditor and/or its agents and/or employees. This obligation by Auditor will not be limited by reason of the specification of any particular insurance coverage in this Agreement. 8.2 The Auditor will procure and maintain at Auditor's expense insurance with insurance companies authorized to do business in the State of Texas, covering all operations under this Agreement, whether performed by Auditor or Auditor's agents, subcontractor or employees. Before commencing the work the Auditor will furnish to the City a certificate or certificates in form satisfactory to the City, showing that Auditor has complied with this paragraph. All certificates will provide that the policy will not be changed or canceled until at least 30 calendar 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: 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 in the aggregate, (2) Motor Vehicle liability insurance in an amount not less than $250,000 for injuries to any one person, $500,000 on account of any one accident and in an amount of not less than $250,000 for property damage and (3) errors and omissions and fiduciary liability coverage to cover lawful claims arising in connection with this Agreement in the combined single limit amount of at least $1,000,000. The stated limits of insurance required by this Paragraph are minimum only--they_do not limit the Auditor's indemnity obligation, and it will be the Auditor's responsibility to determine what limits are 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 Auditor from compliance with these requirements. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 This Agreement is governed by the law of the State of Texas. Exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. 9.2 As to all acts or failures to act by either party to this Agreement, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued when the party commencing the cause of action knew or should have known of the existence of the subject act(s) or failure(s) to act. 9.3 The Auditor will not use funds received by it directly or indirectly under the terms of this Agreement for any partisan political activity or to further the election or defeat of any candidate for public office. 1':tttill€r. l~r+atass ~ti i1~1I, &:S :T' 7