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Res 2003-035
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Res 2003-035
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Last modified
11/6/2003 3:28:57 PM
Creation date
9/11/2003 4:17:56 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2003-35
Date
2/24/2003
Volume Book
151
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The stated limits of insurance required by this Paragraph are minimum only-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 not <br />comply with these requirements in any respect does not release the Consultant from compliance <br />with these requirements. <br /> <br /> ARTICLE 9 <br />MISCELLANEOUS PROVISIONS <br /> <br />9.1 This Project is being financed in part with funds from the TCEQ through a grant from <br />CAPCO. The Consultant will comply with all of the applicable regulations related to the <br />application, acceptance, and use of these grant funds. The main governing standards include, but <br />may not be limited to the following: <br /> <br />(a) <br /> <br />Section 361.014, Texas Health and Safety Code gamotated (as amended by H.B. <br />3072, 74th Texas Legislature. <br /> <br />(b) <br /> <br />Section 330.569 of the TCEQ Municipal Solid Waste Regulations (30 TAC <br />Chapter 330). <br /> <br />(c) <br /> <br />The Uniform Grant and Contract Management Act, chapter 783 of the Texas <br />Govermnent Code Annotated, and the Uniform Grant and Contract Management <br />Standards, I Texas Administrative Code, Section 5.141 et. seq. (collectively, <br />"UGMS"). <br /> <br />Consultant is encouraged to obtain the necessary information specified in this Agreement but <br />failure to do so will not relieve it from compliance with the applicable regulations <br /> <br />9.2 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 />9.3 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 accraed <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 />9.4 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 />9.5 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 fight to vote upon, <br />or any other direct influence on tbe selection of consultants to provide professional services to <br /> <br />Geo-Visions.wpd 9 <br /> <br /> <br />
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