|
3.2.5 Within one(1)business day,Hauler shall notify the City of any release of any oils or
<br /> fluids(including but not limited to vehicle fuel,coolant,hydraulic fluid,brake fluid),
<br /> scattered materials,or load contents onto City streets or within the City.
<br /> 3.2.6 Hauler shall provide the City with a written report the next business day including the
<br /> details of any such release of any oils or fluids and identify the measures used to remedy
<br /> the accident or remove and dispose of any release.
<br /> 3.2.7 All new employees undergo safety training. All employees attend weekly safety
<br /> meetings. Driver observations are performed monthly on all drivers. All trucks are
<br /> equipped with"Third Eye"which records drivers,and all areas surrounding trucks.
<br /> 4 Taxes,Licenses and Permits
<br /> Hauler shall pay all sales,use,property,income,and other taxes and service charges that are lawfully
<br /> assessed against the City or any Hauler in connection with such Hauler's performance of the Services
<br /> hereunder and shall obtain, maintain, and pay for all licenses, permits, certificates of authority,
<br /> inspections,and other obligations required for performance of the Services.
<br /> 5 Independent Contractor Status,Personnel,and Subcontractors
<br /> 5.1 Nothing in this Contract is intended or should be construed in any manner as creating or
<br /> establishing the relationship of co-partners or a joint venture between the parties.The Hauler
<br /> is and shall remain an independent contractor with respect to all services performed under this
<br /> Contract and Hauler employees are not considered employees of the City.
<br /> 5.2 Hauler has secured,or will,secure at its expense,all personnel required to perform its portion
<br /> of the Services identified in this Contract. All personnel of Hauler, or any other persons
<br /> engaged in performing the Services,and any and all claims whatsoever on behalf of any such
<br /> person(s)or personnel arising out of employment or alleged employment including,without
<br /> limitation,claims of discrimination against Hauler,officers,agents,contractors,or employees
<br /> shall in no way be the responsibility of the City. Such personnel or other persons shall not be
<br /> entitled to any compensation,rights or benefits from the City relating to their employment with
<br /> Hauler, including,without limitation,tenure rights,medical and hospital care,personal and
<br /> vacation leave, workers' compensation, unemployment compensation, disability, severance
<br /> pay and public pension benefits.
<br /> 5.3 Pursuant to Minnesota Statutes, Section 471.425,Hauler must pay any Subcontractor within
<br /> ten(10)days of Hauler receipt of payment from the City for undisputed services provided by
<br /> the Subcontractor, unless otherwise agreed to by contract between the parties. The Hauler
<br /> agrees that it must pay interest of one and one-half percent(1.5%)per month or any part of a
<br /> month to the Subcontractor on any undisputed amount not paid on time to the Subcontractor.
<br /> The minimum monthly interest penalty payment for an unpaid balance of one-hundred dollars
<br /> ($100)or more is ten dollars($10).For an unpaid balance of less than one-hundred dollars
<br /> ($100),Hauler shall pay the actual penalty to the Subcontractor.A Subcontractor who prevails
<br /> in a civil action to collect interest penalties from Hauler may be awarded its reasonable costs
<br /> and disbursements,including attorney's fees,incurred in bringing the action.
<br /> A-26
<br /> MU210\313\963095.v4
<br />
|