Res 2012-040 - Laserfiche WebLink

Home Browse Search

ARTICLE 8 INSURANCE AND INDEMNITY 8.1 The Veterinarian will indemnify, hold harmless and defend the City and its employees, agents, officers and servants from any and all lawsuits, claims, demands and causes of action of any kind arising from the negligent or intentional wrongful acts or omissions of the Veterinarian, its officers, employees or agents. This will include, but not be limited to, the amounts of judgments, penalties, interest, court costs, reasonable legal fees, and all other expenses incurred by the City arising in favor of any party, including the amounts of any damages or awards resulting from claims demands and causes of action for personal injuries, death or damages to property alleged or actual infringement of patents, copyrights, and trademarks and without limitation by enumeration, all other claims, demands, or causes of action of every character occurring, resulting, or arising from any negligent or intentional wrongful act, error or omission of the Veterinarian and/or its agents and/or employees. This obligation by Veterinarian will not be limited because of the specification of any particular insurance coverage in this Agreement. 8.2 The Veterinarian will procure and maintain at Veterinarian's expense insurance with insurance companies authorized to do business in the State of Texas, covering all operations under this Agreement, whether performed by Veterinarian or Veterinarian's agents, subcontractors or employees. Before commencing the work, the Veterinarian will furnish to the City a certificate or certificates in form satisfactory to the City, showing that Veterinarian has complied with this paragraph. Failure of the Veterinarian to demand a certificate or other sufficient evidence of full compliance with these insurance requirements or failure of the Veterinarian to identify a deficiency from the evidence that is provided as proof of insurance will not be construed as a waiver of the Veterinarian's obligation to maintain the required insurance coverage specified herein. All certificates will provide that the policy will not be changed or canceled until at least 30 calendar days written notice has been given to the City. Commercial general liability insurance and motor vehicle insurance will be written with the City of San Marcos, Texas as an additional insured and will be endorsed to provide a waiver of the carrier's right of subrogation against the City. The kinds and amounts of insurance required are as follows: Workers' Compensation Insurance: In accordance with the provisions of the Workers' Compensation Act of the State of Texas or Employer's Liability in an amount not less than $500,000. Liability Insurance: (1) Commercial general liability insurance with a combined single limit of $1,000,000 for each occurrence and $1,000,000 in the aggregate, (2) professional liability coverage to cover lawful claims arising in connection with the Veterinarian's provision of the Services in the combined single limit amount of at least $500,000.00. This amended coverage requirement may be satisfied by way of endorsement to the Commercial General Liability or separate Business Auto Policy. The stated limits of insurance required by this Paragraph are minimum only —they do