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10/26/2011 Env Bd Packet
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10/26/2011 Env Bd Packet
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Environmental Board
Env Bd Document Type
Env Bd Packet
Meeting Date
10/26/2011
Env Bd Meeting Type
Regular
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C. Automobile liability and property damage insurance, including coverage for non - <br />owned and hired vehicles, in limits as for comprehensive general public liability <br />coverage stated above. <br />The City shall be named as an additional insured on the above policies, for coverage needed only <br />for work, as specified in this Contract, which endorsement shall provide that coverage may not <br />be terminated or changed by the insurer except upon 30 days' written notice to the City <br />Administrator. <br />No policy shall contain any provisions for exclusions from liability other than provisions for <br />exclusion from liability forming part of the standard basic unamended and unendorsed form of <br />policy, except that no exclusion will be permitted in any event if it conflicts with a coverage <br />expressly required in this Contract, and in addition, no policy shall contain any exclusion from <br />bodily injury to, or sickness, disease or death of any coverage under the contractual liability <br />endorsement of the liability of the Contractor under this Contract. Compliance by the Contractor <br />with the foregoing requirements to carry insurance and furnish certificates shall not relieve the <br />Contractor from liability assumed under any provisions of this Contract. <br />SECTION 12. INDEMNIFICATION <br />The Contractor shall indemnify and hold harmless the City and its officers, agents and <br />employees from and against all claims, damages, losses or expenses, including attorney fees, for <br />which it may be held liable, arising out of or resulting from the assertion against them of any <br />claims, debts or obligations in consequence of the performance of this Contract by the <br />Contractor, its employees, agents or subcontractors. <br />Nothing in this Contract shall be construed to create an employer /employee, partnership, joint <br />venture, license or agency relationship between the parties hereto and neither party shall have the <br />right or authority to bind the other in any manner. For purposes of this Contract, Contractor shall <br />be deemed an "independent contractor" as defined by law. Contractor's employees shall not be <br />entitled to any employment benefits given to City employees. <br />SECTION 13. TERMINATION <br />The City shall have the right to terminate this Contract prior to the expiration of its term if in the <br />City's opinion, there has been a breach of its terms by the Contractor or if the City decides to <br />change the way in which it provides for the refuse and recycling services. <br />SECTION 14. PENALTIES. AND DAMAGES <br />A. Failure by the Contractor . to perform under this Contract, may result in its <br />termination and/or claims by the City for damages. <br />B. In the event of breach of this Contract by the Contractor, or proven negligence by <br />the Contractor, the Contractor agrees to pay, in addition to the actual damages <br />6 <br />
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