Res 2001-203 - Laserfiche WebLink

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g) Upon removal of a bench or shelter from a location, Burkett shall restore the area previously occupied to a level, neat, sightly condition. h) At least once each calendar quarter, Burkett shall advise the City of any unused ad space on the benches or shelters that is available for 30 days or more for use by the City. Burkett shall coordinate with the City to produce and place public service advertisements in those ad spaces. The City will pay Burkett the cost of producing the advertisements, but will not otherwise pay Burkett for the ad space. Section 7. Indemnity. Burkett agrees to indemnify, defend and hold harmless the City from all damages, claims, losses, demands, suits, judgments, costs and expenses, including reasonable expert witness and attorneys' fees, arising in connection with the construction, placement, or maintenance of the benches and shelters. Section 8. Insurance. Burkett agrees to file with the City a policy of public liability insurance issued by an insurance company duly authorized to do business in the State of Texas in limits of at least $1,000,000.00 per occurrence for bodily injury or death and $500,000.00 per occurrence for injury to or destruction of property. The insurance policy must 1) name the City as co-insured, 2) contain a waiver of subrogation rights against the City, and 3) provide that the insurance may not be canceled or amended without 30 days prior written notice to the City by the insurance company. Burkett agrees to pay all of the premiums for this insurance coverage. Burkett agrees to deliver a certificate of the coverage to the City within 10 days of the execution of this agreement, and annually thereafter. The limits of any insurance coverage carried by Burkett shall not limit Burkett's liability under Section 7 of this agreement. Section 9. Initial Placement of Benches and Shelters. Within 90 days of the effective date of this agreement, Burkett shall place at least 25 new shelters at locations approved by the City Manager, and Burkett shall place new benches at all other locations approved by the City Manager for placement of benches (estimated to be 70 locations). No later than June 1,2002, Burkett shall place at least 25 additional new shelters to replace benches at locations approved by the City Manager. The general location of shelters and benches is shown on the map attached as Attachment A. Burkett shall use its best efforts to upgrade all benches to shelters by the end of the third year of this agreement. Prior to upgrading from benches to shelters, however, Burkett shall give at least 15 days advance written notice to the City Manager of the locations proposed for replacement, and the City Manager may prohibit the replacement of a bench with a shelter at specific locations. Section 10. Termination. If Burkett fails to comply with any provision of this agreement or to make any payment to the City when due, the City may, by giving Burkett a 30 day written notice, cancel and terminate this agreement. Section 11. Removal of Benches and Shelters upon Termination or Expiration. Within 90 days of any termination or expiration of this agreement, Burkett agrees to remove all benches and C:\TEMPIBurkett bench-shelter agreement.doc 3