R2007-11 AUTHORIZING AN AGREEMENT

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r 7. INSPECTION ' All work performed by Macon Resources shall be subject to the inspection and approval of the City at all times, but such approval shall not relieve Macon Resources of responsibility for the proper performance of the work. Macon Resources shall provide sufficient, safe, and proper facilities for such inspection of the work, and shall furnish all information concerning the work, and grant the City's authorized representatives free access at all reasonable times to Macon Resources facilities where the work under this Agreement is performed. 8. AUDIT AND INSPECTION OF RECORDS At the request of the City, Macon Resources shall make available all data and records of Macon Resources and its subcontractors relating to their performance under this Agreement. Macon Resources shall make these records available at reasonable times during the Agreement period and for at least three (3) years from the date of final payment. In the event that such audit results in a determination by the City that costs claimed by Macon Resources are not allowable, Macon Resources shall refund the City an amount equal to all such unallowable costs. 9. INSURANCE Macon Resources shall maintain insurance in the following types and amounts from firms licensed to conduct business in the State of Illinois and acceptable to the City. • General Liability Insurance, inclusive of contractual liability, with broad form comprehensive general liability, and inclusive of professional errors and omissions coverage,with a minimum limit of$1 million. • Comprehensive Automobile Liability Insurance, including owned, non-owned, and hired car coverage at limits of$1 million. • Workers Compensation Insurance. Macon Resources shall furnish the City with proof of the required insurance coverages or policies when requested by the City. The City shall be named as an Additional Insured on the Commercial General Liability and Automobile Liability policies. 10. INDEMNIFICATION Macon Resources shall indemnify, defend, and hold the City harmless from and against claims, liabilities, suits, losses, costs, expenses, and damages for injury to or death of persons or damage to or destruction of property, including, but not limited to, the property of the City arising in connection with Macon Resources' performance of work pursuant to this Agreement, to the extent caused by the negligence of Macon Resources or its subcontractors, agents, or employees. 11. NON-DISCRIMINATION Macon Resources agrees not to discriminate by reason of age, race, religion, color, sex, national origin, or handicap unrelated to the duties of a position, of applicants for employment or employees as to terms of employment, promotion, demotion or transfer, recruitment, layoff or termination, compensation, selection for training, or participation in recreational and educational activities. Further, Macon Resources agrees to follow all required EEO procedures imposed by the City. 3