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07-24-2023 CC
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07-24-2023 CC
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9/6/2023 12:26:09 PM
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MV City Council
City Council Document Type
Packets
Date
7/24/2023
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individuals performing services hereunder, and the City shall have no obligation <br />whatsoever in this regard. <br />4. Independent Contractor. The Corporation and neither it nor any of <br />its volunteers, employees or agents performing services hereunder shall be an <br />employee of the City. The Corporation is an independent contractor and it shall <br />retain control over the manner and means of the work set forth above. The <br />Corporation understands and acknowledges that the City shall not provide any <br />benefits of any type in connection with this Agreement, including but not limited <br />to health or medical insurance, workers compensation insurance, or <br />unemployment insurance. The Corporation shall in no case have the power to <br />bind or obligate the City in any way to any third -party. <br />5. Insurance. <br />a. The Corporation shall provide comprehensive general <br />liability insurance for bodily injury and property damage with a combined <br />single limit of $1,000,000 per occurrence. Such comprehensive general <br />liability insurance shall include, but not be limited to, coverage for <br />mechanically -operated amusement devices, alcohol sales, and fireworks <br />displays. The policies of insurance shall name the City of Mounds View <br />as an additional insured. <br />b. The Corporation shall provide evidence of automobile and <br />mobile equipment insurance coverage for all motorized vehicles used in <br />connection with work under this Agreement with a combined single limit <br />for bodily injury and property damage of not less than $1,000,000 per <br />occurrence. <br />C. A Certificate of Insurance showing coverage as indicated <br />above with a carrier that is acceptable to the City of Mounds View as well <br />as a copy of all policies of insurance shall be submitted to the City <br />Administrator at least 30 days prior to the Festival. The City reserves the <br />right to reject the carrier if it is not an A+ carrier licensed to do business in <br />the State of Minnesota. <br />d. Nothing herein shall be construed as a waiver of any <br />immunity or limitation on liability to which the City is entitled under law. <br />6. Termination. If either party fails to perform its obligations under this <br />Agreement, the other party may terminate this Agreement by giving written notice <br />of the intention to terminate to the other party at least thirty (30) days prior to <br />such termination, provided, however, that if Corporation's failure to perform its <br />obligations hereunder creates or constitutes, in the sole judgment of the City, a <br />threat to the public health, safety, or welfare, the City may immediately terminate <br />this Agreement. <br />
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