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25F - AGMT - TOWING SRVS
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08/16/2016
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25F - AGMT - TOWING SRVS
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8/11/2016 4:38:00 PM
Creation date
8/11/2016 3:56:45 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Police
Item #
25F
Date
8/16/2016
Destruction Year
2021
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f. The following requirements apply to the insurance to be provided by Contractor <br />pursuant to this section: <br />1. Commercial general liability and business automobile insurance policies shall <br />(a) name the City, its officers, employees, agents, volunteers and <br />representatives as additional insned(s); (b) be primary and not contributory <br />with respect to insurance or self-insurance programs maintained by the City; <br />and (c) contain standard separation of insureds provisions. Contractor shall <br />maintain all insurance required above in full force and effect for the entire <br />period covered by this Agreement. <br />2. Certificates of insurance shall be furnished to the City upon execution of this <br />Contract and shall be approved in form by the City Attorney. <br />3. All of the Contractor's storage facilities shall be listed in the certificates of <br />insurance. <br />4. Certificates and policies shall state that the policies shall not be canceled or <br />reduced in coverage or changed in any other material aspect without thirty <br />(30) days prior written notice to the City. <br />g. If Contractor fails or refuses to produce or maintain the insurance required by <br />this section or fails or refuses to furnish the City with required proof that insurance has <br />been procured and is in force and paid for, the City shall have the right, at the City's <br />election, to forthwith terminate this Contract. Such termination shall not affect <br />Contractor's right to be paid for services satisfactorily provided in accordance with this <br />agreement prior to notification of termination. The Contractor waives the right to receive <br />compensation and agrees to indemnify the City for any work performed prior to approval <br />of insurance by the City. <br />6. INDEMNIFICATION <br />To the fullest extent permitted by law, Contractor shall indemnify, defend and <br />hold harmless City, its officers, agents and employees (collectively, the "Indemnified <br />Parties ") from and against any and all claims (including, without limitation, claims for <br />bodily injury, death or damage to property), demands, obligations, damages, actions, <br />causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses <br />(including, without limitation, attorney's fees, disbursements and court costs) of every <br />kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may <br />arise from or in any manner relate (directly or indirectly) to any work performed or <br />services provided under this Contract (including, without limitation, defects in <br />workmanship and /or materials) or Contractor's presence or activities conducted <br />performing the work (including the negligent and /or willful acts, errors and/or omissions <br />of Contractor, its principals, officers, agents, employees, vendors, suppliers, contractors, <br />subcontractors, anyone employed directly or indirectly by any of them or for whose acts <br />they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein <br />shall be construed to require Contractor to indemnify the Indemnified Parties from any <br />Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. <br />Nothing in this indemnity shall be construed as authorizing any award of attorney's fees <br />25F -64 <br />
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