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<br /> }oC; <br /> 'ò.~ The CONSULTANT agrees to procure and maintain at CONSULTANT's <br /> expense insurance in the kinds and amounts hereinafter provided with <br /> insurance companies authorized to do business in the State of Texas, <br /> covering all operations under this Agreement, whether performed by <br /> CONSULTANT or CONSULTfu~T's agents or employees. Before commencing the <br /> work the CONSULTANT shall furnish to the CITY a certificate or <br /> certificates in form satisfactory to the CITY, showing that CONSULTANT <br /> has complied with this paragraph. All certificates shall provide that <br /> the policy shall not be changed or cancelled until at least thirty (30) <br /> days written notice has been given to the CITY. Kinds and amounts of <br /> insurance required are as follows: <br /> Workers' Compensation Insurance: In accordance with the <br /> provisions of the Workers' Compensation laws of the State of Texas. <br /> Liability Insurance: (a) Motor Vehicle liability insurance in <br /> an amount not less than $250,000 for injuries to anyone person and <br /> $500,000 on account of anyone occurrence and in an amount of not less <br /> than $100,000 for property damage and (b) commercial general <br /> liability insurance in an amount not less than $250,000 for injuries to <br /> anyone person and $500,000 on account of anyone occurrence and in an <br /> amount of not less than $100,000 for property damage. <br /> The stated limits of insurance required by this Paragraph are <br /> MINIMUM ONLY and it shall be the CONSULTANT's responsibility to <br /> determine what limits are adequate. These minimum limits may be basic <br /> policy limits or any combination of basic limits and umbrella limits. <br /> The CITY's acceptance of Certificates of Insurance that in any respect <br /> do not comply with the requirements of this Agreement does not release <br /> the CONSULTANT from compliance herewith. <br /> 8.5 The CONSULTANT hereby affirms that CONSULTANT and CONSULTANT's <br /> firm have not made or agreed to make any valuable gift whether in the <br /> form of service, loan, thing or promise to any person or any of his/her <br /> immediate family, having the duty to recommend, the right to vote upon, <br /> or any other direct influence on the selection of consultants to <br /> provide professional design services to the CITY wi thin the two years <br /> preceding the execution of this Agreement. A campaign contribution, as <br /> defined by the Election Code or the City of San Marcos Code of <br /> Ordinances shall not be considered as a valuable gift for the purposes <br /> of this Agreement. <br /> 8.6 In performing the services required hereunder, the CONSULTANT <br /> shall not discriminate against any person on the basis of race, color, <br /> religion, sex, national origin, age or physical disability. <br /> 8.7 All references in this Agreement to any particular gender are <br /> for convenience only and shall be construed and interpreted to be of <br /> the neuter gender. <br /> 8.8 Should any provision herein be deemed to be invalid, this <br /> Agreement shall be construed as not containing such provision, and all <br /> other provisions which are otherwise lawful shall remain in full force <br /> and effect, and to this end the provisions of this Agreement are <br /> declared to be severable. <br /> 8.9 All services provided pursuant to this Agreement are for the <br /> exclusive use and benefit of CITY. <br /> -8- <br />