Res 2012-062 - Laserfiche WebLink

Home Browse Search

Liability Insurance: (1) Commercial general liability insurance with a combined single limit of $500,000 for each occurrence and $500,000.00 in the aggregate, (2) Motor Vehicle liability insurance in an amount not less than $250,000.00 for injuries to any one person, $500,000 on account of any one accident and in an amount of not less than $250,000.00 for property damage. 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 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. 9.5 The Contractor will provide a Performance Bond utilizing the form provided in this Agreement (Attachment D). The bond will be written in the full amount of the Agreement exclusive of any future support service costs ($283,950.00) and will be provided by the Contractor following execution of this Agreement. In the event that the Contractor does not deliver the Performance Bond as stipulated in this Section 9.3, the Contractor will be considered to be in default of the terms of the Agreement and the City may proceed to termination of the Agreement as set forth in Article 7 and in its discretion negotiate an Agreement with a different Contractor. The City agrees to release the bond within 30 days from the City's acceptance of the System. ARTICLE 10 MISCELLANEOUS PROVISIONS 10.1 This Agreement is governed by and will be construed under the laws of the State of Texas. All obligations of both parties are performable and exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. 10.2 As to all acts or failures to act by either party to this 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(s) or failure(s) to act. 10.3 The Contractor will not use funds received by it directly or indirectly under the terms of this Agreement for any partisan political activity or to further the election or defeat of any candidate for public office. 10.4 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, having the duty to recommend, the right to vote upon, Outdoor Siren Warning System Agreement 6/2012 IN