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Res 1990-077
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Res 1990-077
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7/23/2007 4:10:22 PM
Creation date
7/23/2007 4:10:22 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1990-77
Date
7/9/1990
Volume Book
99
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<br /> the joint or concurrent negligence of City or of contractor or <br /> third party. The indemnification provided hereunder is given <br /> without regard to the amounts or kinds of any insurance which <br /> may be required by this Agreement or which is in force and <br /> 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 <br /> at the worksite shall be completely paid for and Vendor <br /> represents and warrants that no lien rights are pending or have <br /> been filed on any such materials or supplies. In the event <br /> liens are filed or have been filed, Vendor is liable for the <br /> same and agrees to indemnify and hold harmless the City for any <br /> and all losses, damages, suits and causes of action that may <br /> accrue as a result of lien filings. <br /> 9. ASSIGNMENTS. Vendor shall not sublet or assign any portion of <br /> the work contemplated under this Agreement without express <br /> written permission from the City. <br /> 1Ø. TAXES AND FEES. The Vendor shall be responsible for all <br /> Federal and State taxes and contributions incident to any <br /> applicable operations or services rendered hereunder including <br /> but not limited to Federal income taxes, employee withholding <br /> taxes, workerls compensation insurance, sales taxes, use taxes, <br /> property taxes, permit fees, licensing fees and any other fees <br /> or taxes assessed against Vendor or Vendor's employees or <br /> contractors by 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 and water hookup for Vendor's use. Vendor <br /> shall be responsible for electricity and water charges. In <br /> addition, City will provide garbage service at no expense to <br /> vendor. <br /> 12. PARKING. City will issue Vendor 15 parking permits in <br /> the City Park parking lot upon written application therefor. <br /> 13. RESPONSIBILITY FOR PRODUCTS, ETC. Vendor agrees that it shall <br /> be solely responsible for all of its equipment, merchandise and <br /> supplies, whether purchased, rented or leased and which is <br /> left, located, or can be found on any property under the <br /> ownership or 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 <br /> from place to place. Vendor agrees that it is not entitled to <br /> the use of any particular or specifie place or piece of <br /> property owned or controlled by the City. All such facilities <br /> shall be removed from City-owned property by August 24, 199Ø at <br /> 5:ØØ p.m. Vendor agrees that City may remove or have removed <br /> any such facilities which remain on City owned property after <br /> such time and that the Ci ty may charge all costs therefor to <br /> 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 <br /> actual notice, written notice or notice by posting at the site <br /> where the services provided hereunder are to be performed. <br /> 16. SECURITY. Vendor shall post security with City sufficient to <br /> guarantee the performance of its obligations under this <br /> Agreement. Such security may be in the amount of a $l,ØØØ.Øø <br /> refundable deposit made by cashier's check or money order or it <br /> may be satisfied by posting a $2,ØØØ.Øø bond which will <br /> guarantee Vendor's performance of this Agreement. Said deposit <br /> may be applied toward net revenues owed to City and costs <br /> -2- <br />
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