|
<br />$2,000,000.00 aggregate per occurrence, and $1,000,000.00 property damage. All liability policies evidencing
<br />insurance required by this paragraph shall name City and the Contractor as named additional insured
<br /> (o th er th an wo rkers’ co mp en sation ) . Such policies shall be in the form and context satisfactory with the City
<br />Attorney and shall be filed with the City Administrator. A certificate showing that the Contractor has in
<br />effect the aforesaid insurance covering both the City and the Contractor shall also be provided to the City.
<br />
<br />VI. NONDISCRIMINATION. The Contractor agrees that, during the life of this Contract, the Contractor
<br />will not, within the State of Minnesota, discriminate against any employee or applicant for employment
<br />because of race, color, creed, national origin, or ancestry, and will include a similar provision in all
<br />subcontracts entered into for the performance thereof. This Contract may be cancelled or terminated by the
<br />City and all money due or to become due hereunder may be forfeited for a second or subsequent violation of
<br />the terms and conditions of this paragraph. This paragraph is inserted in this Contract to comply with the
<br />provisions of Minnesota Statutes, Section 181.59.
<br />
<br />VII. TRANSFER, ASSIGNMENT, AND LIENS.
<br />
<br />A. Transfer or Sale. The Contractor may sell, assign, convey, lease, or transfer all or part of this Contract
<br />with the City’s prior written approval. The City shall be entitled to require, except as otherwise
<br />provided in this Contract, as conditions to any such approval that:
<br />
<br />1. Any proposed transferee shall have the qualifications and financial responsibility
<br />reasonably determined by the City, necessary and adequate to fulfill the obligations
<br />undertaken in this Contract by Contractor; and
<br />
<br />2. The transfer does not create an anti-trust situation in the local refuse hauling industry that is
<br />contrary to the public interest of the residents of Little Canada; and
<br />
<br />3. Any proposed transferee, by instrument in writing satisfactory to the City for itself and their
<br />successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the
<br />obligations of service under this Contract and agreed to be subject to all the conditions and
<br />restrictions to which service is subject. It is the intent of this Section, together with other
<br />provisions of this Contract, that (to the fullest extent permitted by law and equity and excepting
<br />only in the manner and to the extent specifically provided otherwise in this Contract) no
<br />transfer of, or change with respect to, ownership or any part thereof, or any interest therein,
<br />however, consummated or occurring, whether voluntary or involuntary, shall operate, legally or
<br />practically, to deprive or limit the City of or with respect to any rights or remedies or controls
<br />provided in or resulting from this Contract; and
<br />
<br />4. To the extent the Contractor is able without violating confidentiality provisions or applicable law,
<br />Tthere shall be submitted to the City for review all instruments and other legal documents involved
<br />in affecting such transfer, and if approved by the City, its approval shall be indicated to the
<br />Contractor in writing. The proposed transferee shall submit to the City for review all bonds,
<br />insurance policies, and any and all other documents required by this Contract, and if approved
<br />by the City, its approval shall be indicated to the proposed transferee in writing.
<br />
<br />B. Payment of Subcontractor and Employees. The Contractor agrees to promptly pay all persons doing
<br />work or furnishing skills, tools, machinery, or materials or insurance premiums or equipment or
<br />supplies and all just claims for such work, material, equipment insurance, and supplies in and
<br />above the performance of this Contract.
<br />
<br />VIII. OTHER PROVISIONS.
<br />
|