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65A - AGMT - AMEND WASTE SRVS
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65A - AGMT - AMEND WASTE SRVS
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4/17/2017 11:18:25 AM
Creation date
4/13/2017 6:35:44 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
65A
Date
4/18/2017
Destruction Year
2022
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under a written agreement which shall be subject to the approval of the Executive Director and at <br />such rates as are reasonable, just and uniform for all persons requesting such additional services. <br />All such charges shall be collected by CONTRACTOR. Nothing in this section or in this <br />Agreement shall be construed, however, to require CONTRACTOR to render services of any kind <br />to any person to the extent such services are not specifically required by the provisions of this <br />Agreement, or to require that CONTRACTOR having rendered special or additional services not <br />provided for herein to one or more persons, to offer or render the same services to any other person <br />or entity. <br />41. LEGAL RELATIONS AND RESPONSIBILITIES:. <br />(a) Applicable Laws: CONTRACTOR shall at all tunes comply with all applicable <br />provisions of the Code, as now in effect or hereafter enacted, as well as all other applicable County, <br />State and Federal laws and regulations; provided, however, no amendment of the Code shall <br />operate to change CONTRACTOR's right to decline to pick up and collect any material or matter <br />which is not Solid Waste as defined in this Agreement or to decline to pick up and collect Solid <br />Waste which does not comply with the standards and limitations sot forth in this Agreement, or <br />otherwise operate to materially impair the rights and privileges of CONTRACTOR heron nder. <br />Should any state or federal laws become effective after the date of execution of this Agreement <br />which require modifications to the terms hereof, the parties agree to meet and confer regarding <br />any such modifications. <br />(b) Personnel: No employee of CONTRACTOR shall continue to be employed on any <br />work under this Agreement who is intemperate, discourteous, disorderly, inefficient or unduly <br />noisy, <br />(c) Permits and Licenses: CONTRACTOR shall obtain all permits and licenses <br />required of it by City, County, State and Federal agencies. <br />(d) Workers' Compensation Polioti CONTRACTOR shall maintain in full force and <br />effect during the term of this Agreement, a workers' Compensation policy in accordance with the <br />provisions and .requirements of the Labor Code of the State of California and such other forms of <br />insurance as shall be required by law. The policy providing coverage shall provide that the <br />insurance shall not be suspended, voided, canceled, or reduced in coverage or in limits except after <br />thirty (30) days prior written notice by certified mail has been given to the CITY. Waivers of <br />Subrogation shall be in effect for any claims asserted against the CITY which arise out of <br />CONTRACTOR's operations and CONTRACTOR shall have this clause endorsed on their <br />Workers' Compensation policies. <br />(e) Public Liability InLLgance: CON'T'RACTOR shall obtain, at its sole cost, and file <br />with the City Clerk of CITY, prior to exercising any right or performing any obligation pursuant <br />to this Agreement, and maintain for the period covered by this Agreement, a policy or policies of <br />liability insurance satisfactory to the City Attorney of CITY, naming CITY, its officers, agents and <br />employees, as insured or additional insured, which provides coverage for liability for tiny and all <br />claims and suits for damages or injuries to persons or property resulting from or arising out of the <br />performarice by CONTRACTOR its officers, agents, or employees, or by CITY, its officers, <br />27 <br />65A -38 <br />
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