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Reso 2010-1631
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Reso 2010-1631
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Last modified
6/3/2015 11:22:14 AM
Creation date
12/1/2010 11:31:42 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2010-1631
Date (mm/dd/yyyy)
11/18/2010
Description
Agmt w/Castle USA Corp. RFP No.10-09-01
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<br />loss to City resulting from Contractor's delay. Additionally, the City shall also be entitled to <br />withhold 50% of the total Compensation to be paid to Contractor until final completion and <br />acceptance of the Services. <br /> <br />5. COMPENSATION. Payment to Contractor for all charges and tasks under this <br />Agreement shall be in accordance with this Agreement and a schedule of charges reflected in <br />Attachment "A". The Contractor shall make no other charges to the City for supplies, labor, <br />taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or <br />cost is incurred by Contractor with the prior written approval of the City. If the City disputes <br />any charges on the invoices, it may make payment of the uncontested amounts and withhold <br />payment on the contested amounts until they are resolved by agreement with Contractor. <br /> <br />6. INDEPENDENT CONTRACTOR RELATIONSHIP The Contractor is an <br />independent contractor and shall be treated as such for all purposes. Nothing contained in <br />this agreement or any action of the parties shall be construed to constitute or to render the <br />Contractor an employee, partner, agent, shareholder, officer or in any other capacity other <br />than as an independent contractor other than those obligations which have been or shall have <br />been undertaken by the City Contractor shall be responsible for any and all of its own <br />expenses in performing its duties as contemplated under this agreement. The City shall not <br />be responsible for any expense incurred by the Contractor. The City shall have no duty to <br />withhold any Federal income taxes or pay Social Security services and that such obligations <br />shall be that of the Contractor, other than those set forth in this agreement. Contractor shall <br />furnish its own transportation, office and other supplies as it determines necessary in carrying <br />out its duties under this agreement. <br /> <br />7. INSURANCE. Contractor shall, at its sole cost and expense, during the period of any <br />work being performed under this Agreement, procure and maintain the following minimum <br />insurance coverages to protect the City and Contractor against all loss, claims, damage and <br />liabilities caused by Contractor, its agents, contractors or employees, as more particularly set <br />forth below: <br /> <br />(a) General liability insurance with limits of One Million Dollars <br />($1,000,000) combined single limit occurrence. Coverage must be afforded <br />on a form no more restrictive than the latest edition of the Comprehensive <br />General Liability Policy, without restrictive endorsements, as filed by the <br />Insurance Services Office, and must include: <br /> <br />Premises and/or Operations. <br /> <br />Independent Contractors. <br /> <br />Broad Form Property Damage. <br /> <br />Broad Form Contractual Coverage applicable to this specific <br />Agreement. <br /> <br />CIOII-019 Castle USA Corp. <br /> <br /> <br />\\0 <br />fl. <br />."v <br />\Il <br />.~ <br />\ <br /> <br />"'l <br />
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