USA Waste of California - A-2006-071

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provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until after thirty (30) days prior written notice by certified mail thereof has been given to CITY. CONTRACTOR shall give CITY prompt and timely notice of any claim made or suit instituted. (f) Insurance Responsibility for CITY Ommrd Solid Waste Collection and Recycling Vehicles This Agreement expressly and absolutely transfers the entire responsibility for any and all damage to the CITY owned Solid Waste collection and Recycling vehicles, and any and all liability arising out of the use of such vehicles, directly and completely to CONTRACTOR. This same transfer includes the requirement that CONTRACTOR has expressly agreed to be contractually, fully and completely responsible for complying with all of the State of Califomia's Motor Vehicle Insurance laws, rules and regulations. To be more specific, this includes having CONTRACTOR insure each and every CITY Solid Waste collection and Recycling vehicle for auto liability and physical damage, including both collision and comprehensive insurance. The amount of auto liability insurance shall be not less than One Hundred Million Dollars ($100,000,000.00) combined single limit, covering auto bodily injury and property damage for owned, non -owned and hired vehicles. Collision and Comprehensive coverage shall be insured on an actual cash value basis. If the physical damage insurance is insured on a loss -limit basis, the loss limit shall be equal to or exceed the actual cash value of all of the CITY Solid Waste collection and Recycling vehicles. Insurers shall be currently rated by A.M. Best Company with a minimum rating at A VII. The policy or policies shall contain severability of interest clauses so that the right and duties of the CITY are clearly separate from CONTRACTOR's interests. The CITY, its officers, agents and employees shall be additional insureds. CONTRACTOR will verify to CITY that adequate funds are available to pay any liability Self- Insured Retention, collision and comprehensive deductibles, or other self - insurance plans approved by the CITY. Ninety (90) days or more of prior notice for material change in coverage, exclusions and conditions or cancellation will be endorsed onto CONTRACTOR's policies in favor of the CITY. Loss Payee endorsements or similar clauses will be endorsed onto CONTRACTOR's property insurance policies protecting the CITY'S Solid Waste collection and Recycling vehicles. Endorsements to all policies with policy declaration pages will be required. Certificates of Insurance shall be provided prior to receiving insurer policy endorsements. (g) Indemnification- CONTRACTOR shall indemnify and save harmless CITY, its officers and employees, against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of CITY and shall defend, indemnify and save harmless CITY, its officers and employees, from any and all claims, demands, suits, actions or proceeding of any kind or nature, including, but not by way of limitation, workers' compensation claims, of or by anyone whomsoever, directly or indirectly caused by, or arising out of a breach of a requirement of this Agreement by the CONTRACTOR or any negligent or willful act or omission of CONTRACTOR or any negligent or willful act or omission of the CONTRACTOR its employees or subcontractors in the performance of this Agreement. CONTRACTOR shall procure and maintain, at its own cost and expense, any additional kinds and amounts of insurance which, in its own judgment, may be necessary for its proper protection in the performance of the work. Insurance coverage specified in this Agreement shall in no way lessen or limit the terms of this indemnification. (h) Enforcement of Scope of Service'. CONTRACTOR shall reimburse the CITY for any costs incurred by the CITY in enforcing and potentially defending any challenges by any and all school 31