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Reso 2020-3108
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Reso 2020-3108
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Last modified
9/6/2022 11:30:54 AM
Creation date
10/5/2020 11:58:25 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2020-3108
Date (mm/dd/yyyy)
09/17/2020
Description
1st Amnd w/Lukes' Assignment Agmt; 2nd Amend w/Brightview for right-of-way & maint.
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be in fbrms and issued by insurance oompanies acceptable to the Cit} l 4anager or his designee. <br />All •insurarice policies and certificates of insurerice shall provide that the policies may not be <br />canceled or altomd without thirty (30) days prior written notice to the City. Contraotor shall also <br />require and ensure that each of its. sub-Contrwtor(s) providing services hereunder (if any) - <br />.procures and maintains, until the completion of the scrvices, insurance of the types and to the <br />limits specifted herein. <br />ANY EXCEPTIONS TO THE INSURANCE REQUIREMEM IN THIS SEMON <br />MUST BE APPROVED IN WRITING BY THE CITY. <br />10. TEPtMINA'7TI N AN .MH.EDIES FOR 13HEA <br />A. If, through any cause within reasonable control, the Contractor shall fail to fulfill <br />in a.timely manner or otherwise violate any of the covenants, agreements or <br />stipulations material to this Agreement, the City shall have the right to terminate <br />the Services then remaining to be performed. Prior to the exercise of its option <br />to terminate for oause, the City shall notify the Contractor of its violation of the <br />particular terms of the Agreement and grant Contractor ten (10) days to cure such <br />default. If the default remains uncured after ten (10) (lays the City may terminate <br />this Agreement, and the City shall receive a refund from the Contractor in aro <br />amount equal to the actual vest of a third party to cure such failure. If Contractor <br />fails, refuses or is unable to perform any term of this Agreement, City shall pay <br />for services rwdered as of the date of termination. . <br />(i.) In the event of termination, all finished and unfinished documents, data <br />and other work product prepared by Contractor shall be delivered to the City and <br />the City shall compensate the Contractor for all Services satisfactorily performed <br />prior to the date of termination. <br />(ii.) l+lotwiOstanding the foregoing, the Contractor shall not be relieved of <br />liability to the City for damages sustained by it by virtue of a !trench of the <br />Agreement by Contractor and the City may reasonably withhold payment to <br />.. Contractor for.lhe-purposes of se"fl` until such time as the exact amount of <br />damages due the City from the Contractor is determined. <br />& Termination for Convenience of City, •The City may, for its convenience and <br />without cause terminate the Sery icy then remaining, to be performed at any time <br />by giving Contractor ten (10) days wriiten notice. The tetrms of Paragraph A(i) <br />and A(ii) above shall be applicable hereunder. <br />C. Termination for lnsolvencv. The City also reserves the right to.tionnina.te the <br />remaining Services to be performed in the event the Contractor is placed either in <br />• voluntary or ioialuntary bankruptcy or makes any assignment for the benefit of <br />creditors. <br />11. CONFIDENTIAL INFORMATION. The Contraotor shall not, either during the term <br />of this Agreement or any tine for a period of ten (10) years subsequent to that date upon which <br />the Contractor shall leave the ernplayment of the City for any teason whatsoever, disclose to any <br />094-1012 LUKES LANDSCAPING, INC. <br />
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