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Res 1990-072
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Res 1990-072
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Last modified
7/23/2007 4:07:07 PM
Creation date
7/23/2007 4:07:07 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1990-72
Date
7/9/1990
Volume Book
99
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<br /> 7. INDEMNITY. Vendor hereunder indemnifies and holds City harmless <br /> from any and all liability, claims, demands, causes of action and <br /> lawsuits 0 f each and every character and kind which may arise out <br /> of or be incident to the performance of this Agreement in favor of <br /> Vendor, Vendor's employees, subcontractors, and any third parties <br /> whether or not caused by the joint or concurrent negligence of <br /> City or of contractor or third party. The indemnification <br /> provided hereunder is given without regard to the amounts or kinds <br /> of any insurance which may be required by this Agreement or which <br /> is in force and effect to the benefit of Vendor. <br /> 8. SUBCONTRACTORS AND SUPPLIERS. Vendor guarantees and represents <br /> that all work performed by it or its subcontractors shall be <br /> completely paid for, including but not limited to bills for <br /> suppliers. All materials and supplies delivered to and stored at <br /> the worksi te shall be completely paid for and Vendor represents <br /> and warrants that no lien rights are pending or have been filed on <br /> any such materials or supplies. In the event liens are filed or <br /> have been filed, Vendor is liable for the same and agrees to <br /> indemnify and hold harmless the City for any and all losses, <br /> damages, suits and causes of action that may accrue as a result of <br /> lien filings. <br /> 9. ASSIGNMENTS. Vendor shall not sublet or assign any portion of the <br /> work contemplated under this Agreement without express written <br /> permission from the City. <br /> IØ. TAXES AND FEES. The Vendor shall be responsible for all Federal <br /> and State taxes and contributions incident to any applicable <br /> operations or services rendered hereunder including but not <br /> limited to Federal income taxes, employee withholding taxes, <br /> worker's compensation insurance, sales taxes, use taxes, property <br /> taxes, permit fees, licensing fees and any other fees or taxes <br /> assessed against Vendor or Vendorls employees or contractors by <br /> any governmental entity. <br /> 11. UTILITIES. Vendor shall be responsible for acquisition and <br /> payment of all utilities of every type, needed to carry out the <br /> terms of this Agreement, except that City will provide an <br /> electrical outlet for Vendorls use. Vendor shall be responsible <br /> for electricity charges. In addition, City will provide garbage <br /> service at no expense to vendor. <br /> 12. PARKING. City will issue Vendor 15 parking permits in the <br /> City Park parking lot upon written application therefor. <br /> 13. RESPONSIBILITY FOR PRODUCTS, ETC. Vendor agrees that it shall be <br /> solely responsible for all of its equipment, merchandise and <br /> supplies, whether purchased, rented or leased and which is left, <br /> located, or can be found on any property under the ownership or <br /> custody of the City. <br /> 14. FACILITIES. Vendor warrants and promises that any facilities <br /> which it uses on City property shall be either temporary <br /> facilities or portable facilities which can be readily moved from <br /> place to place. Vendor agrees that it is not entitled to the use <br /> of any particular or specific place or piece of property owned or <br /> controlled by the City. All such facilities shall be removed from <br /> City owned property by August 24, 199Ø at 5:ØØ p.m. Vendor agrees <br /> that City may remove or have removed any such facilities which <br /> remain on City owned property after such time and that the City <br /> may charge all costs therefor to Vendor. <br /> 15. TERMINATION. City may terminate this Agreement for failure by <br /> Vendor to comply with any of the terms and conditions found <br /> herein, with 24 hours notice to Vendor. Such notice may be actual <br /> notice, written notice or notice by posting at the site where the <br /> services provided hereunder are to be performed. <br /> 16. SECURITY. Vendor shall post security with City sufficient to <br /> guarantee the per formance of its obligations under this <br /> Agreement. Such security may be in the amount of a $1,ØØØ.Øø <br /> -2- <br />
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