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Reso 2020-3097
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Reso 2020-3097
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Last modified
11/12/2020 9:53:05 PM
Creation date
10/5/2020 11:37:38 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2020-3097
Date (mm/dd/yyyy)
09/17/2020
Description
3rd Amend w/Goodyear Tire & Rubber for fleet maintenance & repair svcs.
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Owned vehicles, <br />Hired and non -owned vehicles. <br />Employers' non -ownership. <br />(d) Garage Liability coverage for Garage Operations with minimum limits of not less <br />than One Million Dollars ($1,000,000.00) per occurrence.' if the insurance includes a <br />general aggregate limit, that limit shall apply separately to this Agreement or shall be at <br />least tluee times the required per occurrence limit. <br />(e) Garage keeper's Legal Liability with minimum limits of not less than One Million <br />Dollars ($1,000,000.00) per -occurrence. If the insurance includes a general aggregate limit, <br />that limit shall apply separately to this Agreement or shall be at least three times the <br />required per occurrence limit. <br />Such policies of insurance shall not diminish Contractors indemnification obligations hereunder. <br />The insurance policy shall be issued by such company, in such forms and with such limits of <br />liability and deductibles as are acceptable to the City and shall be endorsed to be primary over any <br />insurance, which the City may maintain. Before any work under this Agreement is performed, and <br />at any time upon request, Contractor shall furnish to the City certificates of insurance evidencing <br />the minimum required coverage and appropriately endorsed for contractual liability with the City <br />named as an additional insured. All policies shall contain a waiver of subrogation endorsement. <br />All policies and certificates shall be in forms and issued by insurance companies acceptable to the <br />City Manager or his designee. All insurance policies and certificates of insurance shall provide that <br />the policies may not be. canceled or altered without thirty (30) calendar day's prior written notice to <br />the City Manager or his designee. <br />8. . OWNERSHIP OF DOCUMENTS AND EQUIPMENT. All documents prepared by the <br />Contractor pursuant to this agreement and related services to this agreement are intended and <br />represented for the ownership of the City only. Any other use by Contractor or other parties needs <br />to be approved in writing by the City in order to be properly authorized. <br />9. INDEMNIFICATION. Contractor agrees to indemnify and hold harmless, the City, its <br />officers, agents, employees from, and against any and all claims, actions, liabilities, losses and <br />expenses including; but not limited to, attorney's fees for personal, economic or bodily injury, <br />wrongfiil death, loss of or damage to property, at law or in equity, which may arise or may be <br />alleged to have risen from the negligent acts, errors, omissions or other wrongful conduct of the <br />Contractor, agents or other personal entity acting tinder Contractor's control in connection with the <br />Contractor's performance of services pursuant to that agreement and to that extent the Contractor <br />shall pay such claims and losses and shall pay all such costs and judgments which may issue from <br />any lawsuit arising from such claims and losses including wrongful termination or allegations of <br />discrimination or harassment, and shall pay all costs and attorneys' fees expended by the City in <br />defense of such claims and losses including appeals. The parties agree that ten percent (10%) of the <br />total compensation is a specific consideration from the City to the Contractor for this indemnity. <br />Page 4 of 9 <br />C0719-094 —THE GOODYEAR TIRE AND RUBBER COiNIPANY <br />
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