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Res 2005-102
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Res 2005-102
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3/24/2006 8:09:25 AM
Creation date
3/24/2006 8:09:05 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2005-102
Date
8/1/2005
Volume Book
162
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<br />death or damages to property. This obligation by Auditor will not be limited by reason of the <br />specification of any particular insurance coverage in this Agreement. <br /> <br />9.2 The Auditor will procure and maintain at Auditor's expense insurance with insurance <br />companies authorized to do business in the State of Texas, covering all operations under this <br />Agreement, whether performed by Auditor or Auditor's agents, subcontractor or employees. <br />Before commencing the work the Auditor will furnish to the City a certificate or certificates in <br />form satisfactory to the City, showing that Auditor has complied with this paragraph. All <br />certificates will provide that the policy will not be changed or canceled until at least 30 days <br />written notice will have been given to the City, and will name the City as an additional insured <br />on all coverages except workers' compensation, errors and omissions and fiduciary liability <br />coverage. The kinds and amounts of insurance required are 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 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) errors and omissions and fiduciary liability coverage to cover lawful claims arising in <br />connection with this Agreement in the combined single limit amount of at least $1,000,000. <br />The stated limits of insurance required by this Paragraph are minimum onlv--they_do not <br />limit the Auditor's indemnity obligation, and it will be the Auditor'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 Auditor from compliance with these <br />requirements. <br /> <br />ARTICLE 10 <br />MISCELLANEOUS PROVISIONS <br /> <br />10.1 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 />10.2 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 accmed <br />when the party commencing the cause of action knew or should have known of the existence of <br />the subj ect act( s) or failure( s) to act. <br /> <br />10.3 The Auditor will not use funds received by it directly or indirectly under the terms of this <br />Agreement for any partisan political activity or to further the election or defeat of any candidate <br />for public office. <br /> <br />10.4 The Auditor hereby affirms that Auditor and Auditor's firm have not made or agreed to <br />make any valuable gift whether in the form of service, loan, thing, or promise to any person or <br /> <br />7 <br />
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