Reso 2013-2163 - Laserfiche WebLink

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hours a day and 7 days a week. The hours herein may be modified upon mutual agreement by MANAGEMENT and CITY. 7. USE BY THE CITY AND RIGHT OF ENTRY (a) MANAGEMENT shall make available the AREA under its control for examination, at any reasonable time, by the CITY with at least five (5) days notice to MANAGEMENT. (b) CITY has the exclusive right to use the Pier up to nine (9) times during each calendar year upon providing thirty (30) days written notice to MANAGEMENT. S. MANAGEMENT'S EMPLOYEES (a) All personnel employed by MANAGEMENT shall be employees of MANAGEMENT and not of the CITY. (b) MANAGEMENT shall designate a supervisor who shall be responsible for the total operation by the AREA. 9. CONTRACT MONITORING The CITY MANAGER of the CITY shall be the liaison between CITY and MANAGEMENT on all matters relating to the management of the AREA and shall be the CITY's designated agent on all matters pertaining to this Agreement. MANAGEMENT shall name a qualified individual with experience in the management of similar facilities as the SUPERVISOR of the AREA. The SUPERVISOR shall be the day - today liaison between the CITY MANAGER and MANAGEMENT on all matters relating to this Agreement. 10. TERM OF THE AGREEMENT (a) TERM. This Agreement shall be for a period of five (5) years from the Commencement Date, unless terminated earlier pursuant to Section 12 of this Agreement. (b) EXTENSION: MANAGEMENT shall have the option to renew this Agreement for three (3) additional Five (5) year terms, provided that MANAGEMENT is not in default at the time of renewal of the terms. If MANAGEMENT is not in default, MANAGEMENT shall have the option to extend by giving CITY written notice of its election to extend the term of this Agreement not less than ninety (90) days prior to expiration of the Initial Term or the then running Renewal Term. 11. INDEMNIFICATION MANAGEMENT covenants and agrees that it shall indemnify, hold harmless and defend the CITY, its agents, officers and employees from and against any and all claims, suits, action, damages or causes of action arising during the term of this Agreement and all renewals hereof for any personal injury, loss of life, or damage to property sustained in or about the AREA, by reason of or as a result of MANAGEMENT's operation, management, use, or occupancy thereof, and from and against any orders, judgments or decrees which may be entered thereon, and from and against all cost, attorney's fees, expenses and liabilities incurred in and about the defense of any such claim and the investigation thereof. 4