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REV: 08-08-23 MI <br />C.Fuel Spills. <br />Vendor shall be responsible for any damage or violations of law caused by any fuel spill <br />during the delivery process. Drivers are to report any spill and the Vendor shall pay City <br />for any costs incurred in the cleanup of any spill. <br />D.Right to Audit Records. <br />City shall be entitled to audit the books and records of Vendor or any of Vendor’s <br />subcontractors under any negotiated contract or subcontract other than a firm fixed-price <br />contract to the extent that such books or records relate to the performance of such contract <br />or subcontract. Such books and records shall be maintained by the Vendor for a period <br />of two years from the date of final payment. <br />E.Future Fuel Specification Changes. <br />During the term of this Agreement, the City may require a change in the specification of <br />unleaded gasoline supplied to comply with any change in federal, state, or local laws <br />governing fuel properties. In the event that such changes are necessary, the City will notify <br />the Vendor in writing of the requested change. The Vendor shall provide the City with the <br />added cost per gallon of fuel to the price in this Agreement. If City and Vendor cannot reach <br />an agreement on the added cost for the requested change, the Agreement may be <br />terminated by either party. Until termination, the reasonable determination of the City as <br />to the cost of the new fuel shall prevail. <br />F.Insurance. <br />1. Insurance. Vendor will obtain and maintain for the duration of the Master Purchase <br />Agreement and any and all amendments, insurance against claims for injuries to <br />persons or damage to property, which may arise out of or in connection with delivery <br />of the Goods or performance of the Services by Vendor or Vendor’s agents, <br />representatives, employees or subcontractors. The insurance carrier is required to <br />maintain an A.M. Best rating of not less than “A-: VII”. <br />1.1 Coverages and Limits. Vendor, at its sole expense, will maintain the types <br />of coverages and minimum limits indicated below, unless otherwise approved by City <br />in writing. These minimum amounts of coverage will not constitute any limitations or <br />cap on Vendor's indemnification obligations under this Master Purchase Agreement. <br />1.1.1 Commercial General Liability Insurance. Vendor will maintain <br />occurrence-based coverage with limits not less than $2,000,000 per occurrence. If <br />the submitted policies contain aggregate limits, such limits will apply separately to <br />the Services, project, or location that is the subject of this Master Purchase <br />Agreement or the aggregate will be twice the required per occurrence limit. The <br />Commercial General Liability insurance policy will be endorsed to name the City, <br />its officers, agents, employees and volunteers as additional insureds, and to state <br />that the insurance will be primary and not contribute with any insurance or self- <br />insurance maintained by the City. <br />1.1.2 Business Automobile Liability Insurance. Vendor will maintain <br />ATTY/AGR.2023.207/Bosco Oil, Inc. (Gas and Diesel Fuel Provision) (Page 5 of 7)