1A, Residential Curbside Recycling - Contract Discussion

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As of 01/07/08 39.2 Commercial General Liability insurance Commercial General Liability insurance shall be at the limits of at least $1,000,000 general aggregate, $1,000,000 personal and advertising injury, $1,000,000 each occurrence $50,000 fire damage and $1,000 medical expense for any one person. The policy shall be on an "occurrence" basis, shall include contractual liability coverage and the City shall be named an additional insured. This insurance includes up to $10,000 expenses to extract pollutants from land or water at the "premises" if the discharge, dispersal, seepage, migration, release, escape or emission of the pollutants is caused by or results form a covered cause of loss. 39.3 Commercial Automobile Liability insurance Commercial Automobile Liability insurance covering all owned, non-owned and hired automobiles with limits of at least $1,000,000 per accident. This insurance includes a cause of loss where there is a spill of fuels and lubricants used in the vehicle for its operation. 39.4 Director's & Officers Insurance or Errors & Omissions Director's & Officers Insurance or Errors & Omissions insurance providing coverage for "wrongful act" any actual or alleged error, misstatement, misleading statement, act or omission, neglect or breach of duty. The insurance policy provides $1,000,000 each occurrence and $1,000,000 aggregate limit of liability for each year. Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the Contractor. Any policy deductibles or retention shall be the responsibility of the Contractor. The Contractor shall control any special or unusual hazards and be responsible for any damages that result from those hazards. The City does not represent that the insurance requirements are sufficient to protect the Contractor's interest or provide adequate coverage. Evidence of coverage is to be provided on a City-approved Insurance Certificate. A thirty- (30) date written notice is required if the policy is canceled, not renewed or materially changed. The Contractor shall require any of its subcontractors to comply with these provisions. 40. Transfer of interest The Contractor shall not assign any interest in the contract, and shall not transfer any interest in the contract, either by assignment or novation, without the prior written approval of the City. The Contractor shall not subcontract any services under this contract without prior written approval of the City. Failure to obtain such written approval by the City prior to any such assignment or subcontract shall be grounds for immediate contract termination. The Contractor currently subcontracts to provide service to old corrugated containers (OCC) customers that require dumpster capacity. This subcontract is annual and the Contractor will notify the City in writing if there is a change in providers. 41. Non-Assignability and Bankruptcy The parties hereby agree that the Contractor shall have no right to assign or transfer its rights and obligations under said agreement without written approval from the City. In the event, the Contractor, its successors or assigns files for Bankruptcy as provided by federal law, this agreement shall be immediately deemed null and void relieving all parties of their contract rights and obligations. 17