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Res 2001-156
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Res 2001-156
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7/10/2006 2:37:57 PM
Creation date
7/10/2006 2:37:31 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
CDBG
Number
2001-156
Date
9/17/2001
Volume Book
145
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<br />Subrecipient's agents, subcontractor or employees. Before commencing any services <br />under this Agreement, Subrecipient will furnish to the City a certificate or certificates in form <br />satisfactory to the City, showing that Subrecipient 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. <br /> <br />(1) Commercial general liability insurance with a combined single limit of $300,000 <br />for each occurrence and $300,000 in the aggregate, (2) Motor Vehicle liability insurance <br />in an amount not less than $300,000 for injuries to anyone person, $300,000 on account <br />of anyone accident and in an amount of not less than $250,000 for property damage. <br /> <br />The stated limits of insurance required by this Paragraph are minimum only--they <br />do not limit the Subrecipient's indemnity obligation, and it will be the Subrecipient's <br />responsibility to determine what limits are adequate. These limits may be basic policy <br />limits or any combination of basic limits and umbrella limits. The City's acceptance of <br />Certificates of Insurance that do not comply with these requirements in any respect does <br />not release the Subrecipient from compliance with these requirements. <br /> <br />5.6 Conflict of Interest. The Subrecipient affirms that it has not made or agreed to make <br />any valuable gift whether in the form of service, loan, thing or promise to any person or any <br />of his/her immediate family, having the duty to recommend, the right to vote upon, or any <br />other direct influence on the selection of Subrecipients for receipt of CDBG grant funds <br />within the two years preceding the execution of this Agreement. A campaign contribution, <br />as defined by the Election Code or the City of San Marcos Code of Ordinances will not be <br />considered as a valuable gift for the purposes of this Agreement. <br /> <br />5.7 Construction. The captions and headings contained in this Agreement are solely <br />for convenient reference and will not be deemed to affect the meaning or interpretation of <br />any provision or paragraph hereof. All references in this Agreement to any particular <br />gender are for convenience only and will be construed and interpreted to be of the <br />appropriate gender. For the purposes of this Agreement the term "will" is mandatory. <br />Should any provision in this Agreement be found or deemed to be invalid, this Agreement <br />will be construed as not containing such provision, and all other provisions which are <br />otherwise lawful will remain in full force and effect, and to this end the provisions of this <br />Agreement are declared to be severable. <br /> <br />5.8 Conflict with Applicable Law. Nothing in this Agreement shall be construed so as <br />to require the commission of any act contrary to law, ordinance or administrative executive <br />or judicial regulation, order or decree, or amendment thereof, contrary to which the parties <br />have not legal right to contract, the latter shall prevail, but in such event the affected <br />provision or provisions of this Agreement shall be modified only to the extent necessary to <br />bring them within the legal requirements and only during the time such conflict exists. <br /> <br />5.9 No Waiver. No waiver by City of any breach of any provision of this Agreement shall <br /> <br />4 <br />
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