CC RES 93-008 RESOLUTION APPROVING A CONTRACT FOR RECYLCING PICK UP AN AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID CONTRACT

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• 6.3 No policy shall contain any provisions for exclusions from liability other than provisions for exclusion from liability forming part of the standard basic unamended and unendorsed form of policy, except that no exclusion will be permitted in any event if it conflicts with a coverage expressly required in this Contract, and in addition, no policy shall contain any exclusion from bodily injury to or sickness, disease, or death of any coverage under the contractual liability endorsement of the liability of Contractor under this Contract. Compliance by Contractor with the foregoing requirements to carry insurance and furnish certificates shall not relieve Contractor from liability assumed under the provisions of this Contract. 7. INDEMNIFICATION 7.1 Contractor agrees to defend, indemnify and hold the City, its officers and employees harmless from any liability, claims, damages, costs, judgements or expenses, including reasonable attorney's fees, resulting directly or indirectly from an act or omission, including without limitation, professional errors or omissions of Contractor, its agents, employees, or assignees in performance of the services provided by this Contract, and against all loss by reason of the failure of said Contractor to fully perform in any respect, all obligations under this Contract. 7.2 The City shall indemnify Contractor from and against all claims for loss or damage to property, or injury to or death of any person, arising out of the use of Contractor's containers by the City or its residents while such containers are in the City's possession and are not being handled by Contractor. 8. TERM AND TERMINATION 8.1 The term of this Contract shall be from January 1, 1993 to December 31, 1993. 8.2 The City shall have the right to terminate this Contract at any time upon 30 days' prior written notice to Contractor. 9. DEFAULT 9.1 Failure by Contractor to conform with the provisions of this Contract may result in the termination of this Contract and/or liability to the City for damages. 9.2 In the event of such failures, Contractor agrees to pay, in addition to the actual damages sustained by the City as a result thereof, attorney's fees incurred by the City in pursuing any of its rights under this Contract. 9.3 Upon failure of Contractor to fulfill any of the provisions of the Contract, the City is authorized to hire such person, or assign City employees and equipment, as may be • necessary, to do such work and the cost and expense thereof may be charged and deducted from monies due Contractor, collected from Contractor, or collected by recourse against Contractor's bond.