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• Strait salt mixture- for driveways: $150.00 per ton • Bobcat with operator: $110.00 per hour (1 hour minimum.) • Dump truck with operator: $150.00 per hour (1 hour minimum) Terms of Contract 1. Terms and Conditions The term of this contract shall be for a period of six months commencing on November 1, 2016 and terminating on April 30, 2017. The time performance of any portion of the obligations of the Contractor under this agreement shall be of the essence, subject only to delay caused by or contributed to by act of the City, its agents or employees, labor disputes, fire, unavoidable casualties, act of God, or action or non -action of utilities or of local, state, or federal government. 2. Insurance The Contractor shall fully insure itself against any and all liability which it may have under the worker's compensation law, general liability, and automobile coverage. The Contractor shall furnish a certificate of insurance to City prior to beginning work. 3. Force Majeure The Contractor shall not be liable to City for any damages to property, personal injuries, or other liability arising outside of the Contractor's control including but not limited to, vandalism, flood, rain, fire, wind, heavy snow, freezing, strikes, lack of salt availability, other natural causes, acts of God or acts of persons other than the Contractor's employees or agents. 4. Independent Contractor Relationship. It is expressly understood that the Contractor is an "independent contractor" and not an employee of the City. The Contractor shall have control over the manner in which the services are performed under this Agreement. The Contractor shall supply, at its own expense, all materials, supplies, equipment and tools required to accomplish the work contemplated by this Agreement. The Contractor shall not be entitled to any benefits from the City, including, without limitation, insurance benefits, sick and vacation leave, workers' compensation benefits, unemployment compensation, disability, severance pay, or retirement benefits. 5. Indemnification. The Contractor agrees to defend and indemnify the City, and its employees, officials, volunteers and agents from and against all claims, actions, damages, losses and expenses arising out of the Contractor's performance or failure to perform its duties under this Agreement. 6. General Provisions. A. Assignment. The Contractor may not assign this Agreement to any other person unless written consent is obtained from the City. B. Amendments. Any modification or amendment to this Agreement shall require a written agreement signed by both Parties. C. Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Minnesota.