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Res 1998-162
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Res 1998-162
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4/24/2007 1:18:13 PM
Creation date
4/16/2007 5:02:53 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
1998-162
Date
8/10/1998
Volume Book
134
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<br /> 5.4 Funds for payment for services provided by the successful proponent have been <br /> provided through the City budget approved by City Council for the current fiscal year only. <br /> State statutes prohibit the obligation and expenditure of public funds beyond the fiscal year <br /> for which a budget has been approved. However, the cost of services covered by the <br /> Contract is considered a recurring requirement and is included as a standard and routine <br /> expense of the City to be included in each proposed budget within the foreseeable future. <br /> City Council expects this to be an integral part of future budgets to be approved during the <br /> period of the Contract except for unanticipated needs or events which may prevent such <br /> payments against the Contract. However, the City cannot guarantee the availability of <br /> funds, and enters into the Contract only to the extent such funds are made available. The <br /> fiscal year for the City extends from October 1 st of each calendar year to September 30th <br /> of the following calendar year. <br /> ARTICLE 6 <br /> INSURANCE AND INDEMNITY <br /> 6.1 The Contractor will indemnify, hold harmless and defend the City and its employees, <br /> agents, officers and servants from any and all lawsuits, claims, demands and causes of <br /> action of any kind arising from the negligent or intentional acts or omissions of the <br /> Contractor, its officers, employees or agents. This will include, but not be limited to, the <br /> amounts of judgments, penalties, interest, court costs, reasonable legal fees, and all other <br /> expenses incurred by the City arising in favor of any party, including the amounts of any <br /> damages or awards resulting from claims demands and causes of action for personal <br /> injuries, death or damages to property, and the alleged or actual infringement of patents, <br /> copyrights, or trademarks. This obligation by Contractor will not be limited by reason of the <br /> specification of any particular insurance coverage in this Contract. <br /> 6.2 The Contractor will procure and maintain at Contractor's expense insurance with <br /> insurance companies authorized to do business in the State of Texas, covering all <br /> operations under this Contract, whether performed by Contractor or Contractor's agents, <br /> subcontractor or employees. Before commencing the work the Contractor will furnish to <br /> the City's Legal Department at the address shown on page 1, a certificate or certificates <br /> in form satisfactory to the City, showing that Contractor has complied with this paragraph. <br /> All certificates will provide that the policy will not be changed or canceled until at least 30 <br /> days written notice will have been given to the City, and will name the City as an additional <br /> insured on all coverages except workers' compensation. The kinds and amounts of <br /> insurance required are as follows: <br /> Workers' Compensation Insurance: In accordance with the provisions of the Workers' <br /> Compensation Act of the State of Texas. <br /> Automobile Liabifity: <br /> <br /> Bodily Injury (Each person) ..............................$1,000,000.00 <br /> 12 <br />
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