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Res 2010-078
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Res 2010-078
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Last modified
7/6/2010 8:23:14 AM
Creation date
6/7/2010 2:56:03 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2010-78
Date
6/1/2010
Volume Book
186
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the City a certificate or certificates in form satisfactory to the City, showing that the Depository <br />has complied with this paragraph. All certificates will provide that the policy will not be <br />changed or canceled until at least 30 calendar days written notice has been given to the City. <br />Commercial general liability insurance and motor vehicle insurance will be written with the City <br />of San Marcos, Texas as an additional insured and will be endorsed to provide a waiver of the <br />carrier's right of subrogation against the City. The kinds and amounts of insurance required are <br />as follows: <br />Workers' Compensation Insurance In accordance with the provisions of the Workers' <br />Compensation Act of the State of Texas. <br />Liability Insurance: (1) Commercial general liability insurance with a combined single <br />limit of $500,000 for each occurrence and $500,000 in the aggregate, (2) Motor Vehicle liability <br />insurance in an amount not less than $250,000 for injuries to any one person, $500,000 on <br />account of any one accident and in an amount of not less than $250,000 for property damage <br />and(3) professional liability coverage to cover lawful claims arising in connection with these <br />services in the combined single limit amount of at least $500,000. <br />The stated limits of insurance required by this Paragraph are minimum only and they do not limit <br />the Depository's indemnity obligation. It will be the Depository's responsibility to determine <br />what limits are adequate. These limits may be 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 Depository from compliance with <br />these requirements. <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 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 />9.3 The Depository will not use funds received by it directly or indirectly under the terms of <br />this Agreement for any partisan political activity or to further the election or defeat of any <br />candidate for public office. <br />9.4 The Depository hereby affirms that the Depository has not made or agreed to make any <br />valuable gift whether in the form of service, loan, thing, or promise to any person or any of <br />his /her immediate family, having the duty to recommend, the right to vote upon, or any other <br />direct influence on the selection of consultants to provide professional services to the City within <br />the two years preceding the execution of this Agreement. A campaign contribution, as defined <br />C. <br />
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