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Res 2005-053
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Res 2005-053
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Last modified
1/5/2006 8:26:44 AM
Creation date
1/5/2006 8:26:11 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2005-53
Date
4/19/2005
Volume Book
161
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<br />insurance companies authorized to do business in the State of Texas, covering all operations <br />under this Agreement, whether performed by Consultant or Consultant's agents, subcontractor or <br />employees. Before commencing the work the, Consultant will furnish to the City a certificate or <br />certificates in form satisfactory to the City, showing that Consultant has complied with this <br />paragraph. All certificates will provide that the policy will not be changed or canceled until at <br />least 30 days written notice will have been given to the City, and will name the City as an <br />additional insured on all coverages except workers' compensation and professional liability. The <br />kinds and anlounts of insurance required are as follows: <br /> <br />Workers' Compensation Insurance: In accordance with the provisions of the Workers' <br />Compensation Act of the State of Texas. <br /> <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 S250,000 for injuries to anyone person, $500,000 on <br />account of anyone accident and in an amount of not less than $250,000 for property damage and <br />(3) professional liability coverage to cover lawful claims arising in cOlUlection with this Project <br />in the combined single limit amount of at least $500,000. <br /> <br />The stated limits of insurance required by this Paragraph are minimum onlv--they_do not <br />limit the Consultant's indemnity obligation, and it will be the Consultant's responsibility to <br />determine what limits are adequate. These limits may be basic policy limits or any combination <br />of basic limits and umbrella limits. The City's acceptance of Certificates of Insurance that do <br />not comply with these requirements in any respect does not release the Consultant from <br />compliance with these requirements. <br /> <br />ARTICLE 9 <br />MISCELLANEOUS PROVISIONS <br /> <br />9.1 This Agreement is governed by the law of the State of Texas. Exclusive venue for any <br />dispute arising under this Agreement is in Hays County, Texas. <br /> <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 /> <br />9.3 The Consultant 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 /> <br />9.4 The Consultant hereby affirms that Consultant and Consultant's firm have not made or <br />agreed to make any valuable gift whether in the form of service, loan, thing, or promise to any <br />person or any of his /her immediate family, having the duty to recommend, the right to vote upon, <br /> <br />13 <br />
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