Res 2006-164 - Laserfiche WebLink

Home Browse Search

, . e , ' (b) This Agreement may be tenninated by either party upon 15 days prior written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiatmg the termination. (c) This Agreement may be terminated at will by the City upon at least 15 days pnor written notIce to the Consultant. (d) In the event of tenrunatIon as provided in this SectIon, the Consultant will be compensated for all services performed to the termination date which are deemed by the City to be in accordance with this Agreement. ThIs amount will be paid by the CIty upon the Consultant's delivering to the City all mformation and materials developed or accumulated by the Consultant in performmg the servIces described m thIS Agreement, whether completed or m progress. The expense of the reproduction of these items will be borne by the City (e) In the event of a default or breach of this Agreement by the Consultant, the CIty reserves the nght to choose among the remedies for the default or breach available to the City. These remedies may be used m 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 this Agreement with respect to one or more defaults by the Consultant will not waive the City's ability to enforce the Agreement after that time. 6. Insurance and Indemnity (a) The Consultant will hold harmless, mdemnifyand 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 neghgent or intentional acts, errors or omissions of the Consultant, ItS officers, employees or agents. ThIS will include, but not be hrmted 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 resultmg from claIms, demands and causes of action for personal injuries, death or damages to property. (b) The Consultant will procure and maintain at its expense insurance with insurance companies authonzed to do busmess m the State of Texas, AE - No Construction-I/27/06 e covering all operations under this Agreement, whether performed by the Consultant or its agents, subcontractors or employees. Before commencing the work the Consultant will furnish to the CIty a certificate or certificates in a form satisfactory to the City, showing that Consultant has complied WIth thIS paragraph. All certificates will provide that the policy will not be canceled until at least 30 days written notice has been given to the City, and will name the CIty as an addItional insured on all coverages except workers' compensatIon and professional liability. The kmds 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. Liability Insurance' (1) CommercIal general liability insurance WIth a combmed smgle limit of $500,000 for each occurrence and $500,000 m the aggregate, (2) Motor VehIcle liability insurance m an amount not less than $250,000 for mjurIes to anyone person, $500,000 on account of anyone accident and m an amount of not less than $250,000 for property damage (3) professional liability coverage to cover lawful claims ansmg in connectIOn with this Project in the combined single limit amount of at least $500,000 00. (c) The stated limits of msurance required by thIS Paragraph are minimum only--they do not hrmt the Consultant's mdemnity obligation, and It will be the Consultant's responsibility to determine what hrmts are adequate. These limits may be met by basic policy limits or any combination of basic limits and umbrella lirmts. The City's acceptance of certificates of insurance that do not comply with these requirements in any respect does not release the Consultant from comphance with these reqUIrements. 7. No Waiver of Immunity The CIty'S execution of and performance under thIS Agreement will not act as a waIver by the City of any immunity from suit or liabihty to which It IS entItled under applicable law. The parties acknowledge that the City, in executing and performing this Agreement, is a governmental entity acting in a governmental capacity. 2