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Reso 2011-1693
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Reso 2011-1693
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Last modified
3/12/2014 4:40:59 PM
Creation date
3/22/2011 11:20:14 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2011-1693
Date (mm/dd/yyyy)
03/17/2011
Description
Agmt w/Beiswenger (BHA) to provide post design svcs. for SIB Newport Fishing Pier
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<br />The Consultant shall comply with all laws, ordinances, rules, regulations, and lawful orders of <br />any public authority bearing on performance of the Services. The Consultant shall pay all taxes, <br />fees, license fees required by law, including but not limited to occupational fees and withholding <br />taxes and assumes all costs incident to the Services, except as provided herein. <br /> <br />3. TERM. Subject to the provisions relating to the termination of this Agreement as set <br />forth in Paragraph 9 hereunder, the term of this Agreement shall begin upon the execution of this <br />Agreement and shall end upon the completion of the Services described in Attachment "A". <br /> <br />4. COMPENSATION. Payment to Consultant for all charges and tasks under this <br />Agreement shall be in accordance with this Agreement and the schedule of charges reflected in <br />Attachment "A". The Consultant 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 cost <br />is incurred by Consultant with the prior written approval of the City. If the City disputes any <br />charges on the invoices, it may make payment of the uncontested amounts and withhold payment <br />on the contested amounts until they are resolved by agreement with Consultant. <br /> <br />5. INDEPENDENT CONTRACTOR RELATIONSIDP The Consultant IS an <br />independent contractor and shall be treated as such for all purposes. Nothing contained in this <br />agreement or any action of the parties shall be construed to constitute or to render the consultant <br />an employee, partner, agent, shareholder, officer or in any other capacity other than as an <br />independent contractor other than those obligations which have been or shall have been <br />undertaken by the City, Consultant shall be responsible for any and all of its own expenses in <br />performing its duties as contemplated under this agreement. The City shall not be responsible <br />for any expense incurred by the Consultant. The City shall have no duty to withhold any Federal <br />income taxes or pay Social Security services and that such obligations shall be that of the <br />Consultant, other than those set forth in this agreement. Consultant shall furnish its own <br />transportation, office and other supplies as it determines necessary in carrying out its duties <br />under this agreement. <br /> <br />6. INSURANCE. Consultant shall, at its sole cost and expense, during the period of <br />any work being performed under this Agreement, procure and maintain the following minimum <br />insurance coverages to protect the City and Consultant against all loss, claims, damage and <br />liabilities caused by Consultant, 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 on a <br />form no more restrictive than the latest edition of the Comprehensive General <br />Liability Policy, without restrictive endorsements, as filed by the Insurance <br />Services Office, and must include: <br /> <br />Premises and/or Operations; <br />Independent Contractors; <br />Broad Form Property Damage; <br /> <br />CIOII-031 BEISWENGER, HOCH AND ASSOCIATES, INC. AGREEMENT <br /> <br />Page 2 of7 <br /> <br />" I <br /> <br />, '.\ i <br />J <br />
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