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07-11-2012 Council Agenda
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07-11-2012 Council Agenda
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premiums or equipment or supplies, and against all loss by reason of the failure of the <br />Contractor in any respect to fully perform all obligations of this Contract, including <br />reasonable attorneys' fees. <br />Insurance Limits. During the entire period of the contract, the Contractor shall maintain, at <br />their expense, and file with the City, policies or certificates of Worker's Compensation, Auto <br />Liability, and General Liability insurance. Minimum Liability Insurance coverage <br />requirements are $1,000,000.00 bodily injury per person, $2,000,000.00 aggregate per <br />occurrence, and $1,000,000.00 property damage. All liability policies evidencing insurance <br />required by this paragraph shall name City and the Contractor as named insured. Such <br />policies shall be in the form and context satisfactory with the City Attorney and shall be <br />filed with the City Administrator. A certificate showing that the Contractor has in effect the <br />aforesaid insurance covering both the City and the Contractor shall also be provided to the <br />City. <br />VI. NONDISCRIMINATION. The Contractor agrees that, during the life of' this Contract, the <br />Contractor will not, within the State of Minnesota, discriminate against any employee or <br />applicant for employment because of race, color, creed, national origin, or ancestry, and will <br />include a similar provision in all subcontracts entered into for the performance thereof. This <br />Contract may be cancelled or terminated by the City and all money due or to become due <br />hereunder may be forfeited for a second or subsequent violation of the terms and conditions <br />of this paragraph. This paragraph is inserted in this Contract to comply with the provisions <br />of Minnesota Statutes, Section 181.59. <br />VII. TRANSFER, ASSIGNMENT, AND LIENS. <br />A. Transfer or Sale. The Contractor may sell, assign, convey, lease, or transfer all or <br />part of this Contract with the City's prior written approval. The City shall be entitled <br />to require, except as otherwise provided in this Contract, as conditions to any such <br />approval that: <br />1. Any proposed transferee shall have the qualifications and financial responsibility <br />reasonably determined by the City, necessary and adequate to fulfill the <br />obligations undertaken in this Contract by Contractor; and <br />2. The transfer does not create an anti -trust situation in the local refuse hauling <br />industry that is contrary to the public interest of the residents of Little Canada; <br />and <br />3. Any proposed transferee, by instrument in writing satisfactory to the City for <br />itself and their successors and assigns, and expressly for the benefit of the City, <br />have expressly assumed all of the obligations of service under this Contract and <br />agreed to be subject to all the conditions and restrictions to which service is <br />subject. It is the intent of this Section, together with other provisions of this <br />Contract, that (to the fullest extent permitted by law and equity and excepting <br />-18- <br />19 <br />
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