Agenda Packets - 2000/03/27 - Laserfiche WebLink

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found that this Agreement is for the purposes of promoting and in furtherance of the public health, safety and welfare of the City, and thereby represent that this Agreement is not intended to constitute a “Use Agreement” as that term is used by Minnesota Statutes, Section 16A.695. Notwithstanding anything to the foregoing, the City does not make any representation or warranty concerning administrative or judicial interpretations of, or the applicability or lack thereof, of Minnesota Statutes, Section 16A.695 to this Agreement. ETC hereby waives any claim for any damages or other relief against the City, and its officers, agents, and employees, arising from an action, whether successful or not, and regardless by whom initiated, brought regarding the applicability of Minnesota Statutes, Section 16A.695. To the extent that of Minnesota Statutes, Section 16A.695 should be found to be applicable to this Agreement, by the State or a court of competent jurisdiction, such that it constitutes a Use Agreement, ETC and the City agree as follows: the City and ETC shall amend the agreement accordingly to conform to statutory requirements and shall file any reports required by Minnesota Statutes, Section 16A.695, with the appropriate department of the state of Minnesota. Further, the parties agree to undertake any and all actions to bring this Agreement into compliance with any other provisions or requirement of law. ARTICLE VII: PERFORMANCE BOND AND INSURANCE PROVISIONS 1. Performance Bond. The City reserves the right to require, in its discretion, that ETC post a bond, certificate of deposit, or other similar instrument approved by the City in an amount as the City reasonably deems to be adequate compensation for damages resulting from ETC’s nonperformance of its obligations under this Agreement. 2. Insurance. ETC will maintain in full force and effect, at its own cost and expense during the term of this Agreement, the following insurance coverage: a. Commercial General Liability Insurance with limits of: i. $1,000,000 each occurrence; ii. $2,000,000 general aggregate. Such policy shall include coverage for products, completed operations, and personal injury and advertising liability. This policy shall also contain an endorsement adding the City as an additional insured. b. Business Automobile with combined single limit of $1,000,000. c. Standard Workers Compensation and Employers Liability with limits of: i. Bodily injury by accident $500,000 each accident; ii. Bodily injury by disease $500,000 each employee; iii. Bodily injury by disease $500,000 policy limit. d. The City shall be provided with a certificate of insurance for all the policies maintained pursuant to this Agreement that shall show the described coverage including the additional insured endorsement, and the certificate shall provide sixty (60) days notice to the City in the event of cancellation or non-renewal.