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Reso 2018-2859
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Reso 2018-2859
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Last modified
10/1/2018 11:18:40 AM
Creation date
10/1/2018 11:08:36 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2018-2859
Date (mm/dd/yyyy)
09/20/2018
Description
Ratify 1st Amend w/The Goodyear Tire & Rubber Co. for Fleet Maint & Repair Srvcs
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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 three 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 /> wrongful 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 under 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 COMPANY <br />
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