Res 2011-094 - Laserfiche WebLink

Home Browse Search

RFP 211 -037 Liabilitv 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. (d) The stated limits of insurance required by this Paragraph are minimum only - -they do not limit the Contractor's indemnity obligation, and it will be the Contractor's responsibility to determine what limits are adequate. These limits may be met by 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 Contractor from compliance with these requirements. 13. No Waiver of Immunitv The City's execution of and performance under the Agreement will not act as a waiver by the City of any immunity from suit or liability to which it is entitled under applicable law. The parties acknowledge that the City, in executing and performing the Agreement, is a governmental entity acting in a governmental capacity. 14. Remedies: No Waiver In the event of a default or breach of the Agreement by the Contractor, the City reserves the right to choose among the remedies for the default or breach available to the City. These remedies may be used in conjunction with one another or separately, and together with any other statutory or common law remedies available to the City. Any failure by the City to enforce the Agreement with respect to one or more defaults by the Contractor will not waive the City's ability to enforce the Agreement after that time. 15. "Green" Procurement It is the City's intent to be proactive with regard to the environment. The City encourages "Value Purchasing" of environmentally friendly products. The Consultant is encouraged to identify and utilize green solutions in performing 39 any services under the Agreement, as appropriate. 16. Fundina Out Funds for the payment for work performed by the Contractor under this Contract have been provided through the Owner's budget approved by City Council for the current fiscal year only. State statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. However, the cost of items or services covered by this Contract is considered a recurring requirement and is included as a standard and routine expense of the City of San Marcos to be included in each proposed budget within the foreseeable future. The City Council expects this to be an integral part of future budgets to be approved during the period of this Contract except for unanticipated needs or events which may prevent such payments against this Contract. However, the City cannot guarantee the availability of funds, and enters into this Contract only to the extent such funds are made available. The fiscal year for the City extends from October 1st of each calendar year to September 30th of the following calendar year. 17. Miscellaneous Provisions (a) The Agreement is governed by the law of the State of Texas. The Agreement is to be performed in Hays County and exclusive venue for any dispute arising under the Agreement is in Hays County, Texas. (b) As to all acts or failures to act by either party to the 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 or failure to act. (c) The Contractor agrees not to use funds received by it under the terms of the Agreement for any partisan political activity or to further the election or defeat of any candidate for public office. (d) The Contractor hereby affirms that Contractor and Contractor's firm have not made or agreed to make any valuable gift whether in the form of service, loan, thing, or promise to any person or any of his /her immediate family,