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REV: 08-23-24 LF <br />C.Fuel Spills. <br />Vendor shall be responsible for any damage or violations of law caused by any fuel spill during <br />the delivery process. Drivers are to report any spill and the Vendor shall pay City for any costs <br />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 subcontractors <br />under any negotiated contract or subcontract other than a firm fixed-price contract to the extent <br />that such books or records relate to the performance of such contract or subcontract. Such books <br />and records shall be maintained by the Vendor for a period of two years from the date of final <br />payment. <br />E.Future Fuel Specification Changes. <br />During the term of this Agreement, the City may require a change in the specification of unleaded <br />gasoline supplied to comply with any change in federal, state, or local laws governing fuel <br />properties. In the event that such changes are necessary, the City will notify the Vendor in writing <br />of the requested change. The Vendor shall provide the City with the added cost per gallon of fuel <br />to the price in this Agreement. If City and Vendor cannot reach an agreement on the added cost <br />for the requested change, the Agreement may be terminated by either party. Until termination, <br />the reasonable determination of the City as to the cost of the new fuel shall prevail. <br />F.Insurance. <br />1. Vendor will obtain and maintain for the duration of the Agreement and Amendment <br />No.3 and any and all amendments, insurance against claims for injuries to persons or <br />damage to property, which may arise out of or in connection with delivery of the Goods or <br />performance of the Services by Vendor or Vendor’s agents, representatives, employees <br />or subcontractors. The insurance carrier is required to maintain an A.M. Best rating of not <br />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 <br />City in writing. These minimum amounts of coverage will not constitute any <br />limitations or cap on Vendor's indemnification obligations under the Agreement <br />and Amendment No.3. <br />1.1.1 Commercial General Liability Insurance. Vendor will maintain <br />occurrence-based coverage with limits not less than $2,000,000 per <br />occurrence. If the submitted policies contain aggregate limits, such limits <br />will apply separately to the Services, project, or location that is the subject <br />of the Agreement and Amendment No.3 or the aggregate will be twice the <br />required per occurrence limit. The Commercial General Liability insurance <br />policy will be endorsed to name the City, its officers, agents, employees <br />and volunteers as additional insureds, and to state that the insurance will <br />be primary and not contribute with any insurance or self- insurance <br />maintained by the City. <br />ATTY/AGR.2024/Amend. No. 3/Bosco Oil, Inc (Renewable Diesel and Gas) (Page 5 of 8)