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A. City model contract forms will be used unless the City Manager or City Attorney authorizes use of an alternate form. Terms may be amended to take into account specific circumstances. Unless otherwise authorized by the City Manager or City Attorney, contracts shall include the following provisions:

1. A requirement that the contractor defend, indemnify, and hold harmless the City, its officers, agents and employees against and from any and all claims or demands for damages of any kind arising out of the contractor’s performance under the contract.

2. A provision requiring the person or entity providing the service to obtain and maintain liability insurance coverage in at least the amount of the City’s tort liability limits, naming the City as an additional named insured, during the life of the contract.

3. Contract provisions mandated by State and Federal law. These provisions may be incorporated by reference unless the law requiring the provision requires the provision to be set forth in full.

4. A maximum contract price. The City Manager may authorize contracts without a maximum contract price if the City Manager determines that there is no reasonable way to establish a maximum contract price and that it is in the best interest of the City to proceed with the contract. The authority granted by this section may not be delegated.

B. Public improvement contracts shall include provisions requiring compliance with any standards and specifications adopted by the City. Compliance with adopted standards and specifications is required for all public improvements even if the standards and specifications are not referenced in the contract. [Ord. NS-2210, 2013; Ord. NS-2159, 2011; Ord. NS-2145, 2010]