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25B - AGMT - SECURE BIKE PARKING SYSTEMS PROJECT
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12/03/2012
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25B - AGMT - SECURE BIKE PARKING SYSTEMS PROJECT
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Last modified
11/29/2012 2:24:50 PM
Creation date
11/29/2012 2:24:39 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25B
Date
12/3/2012
Destruction Year
2017
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AGREEMENT NO. C-2-1640 <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />expenses for litigation or settlement) for any loss or damages, bodily injuries, including death, <br />worker's compensation subrogation claims, damage to or loss of use of property alleged to be <br />caused by the negligent acts, omissions or willful misconduct by CITY, its officers, directors, <br />employees or agents in connection with or arising out of the performance of this Agreement. <br />B. AUTHORITY shall indemnify, defend and hold harmless CITY, its officers, directors, <br />employees and agents from and against any and all claims (including attorney's fees and <br />reasonable expenses for litigation or settlement) for any loss or damages, bodily injuries, including <br />death, worker's compensation subrogation claims, damage to or loss of use of property alleged to be <br />caused by the negligent acts, omissions or willful misconduct by AUTHORITY, its officers, directors, <br />employees or agents in connection with or arising out of the performance of this Agreement. <br />C. The indemnification and defense obligations of this Agreement shall survive its <br />expiration or termination. <br />ARTICLE 10. REQUIRED FEDERAL CLAUSES AND CERTIFICATIONS <br />The CITY is required to adhere to the applicable federal clauses provided in Exhibit F. <br />ARTICLE 11. ADDITIONAL PROVISIONS <br />The AUTHORITY and CITY agree to the following mutual responsibilities: <br />A. Term of Agreement: This Agreement shall continue in full force and effect through <br />project completion and final acceptance by AUTHORITY, or 36 months from the date of construction <br />contract award, whichever is earlier. This Agreement may be extended at the mutual consent of <br />both PARTIES. <br />B. Termination: This agreement is null and void if project is not funded. AUTHORITY <br />shall cancel projects for which CITY has not awarded a construction contract by June 30 of the fiscal <br />year identified in Exhibit A. This Agreement may be terminated by either PARTY after giving thirty <br />(30) days written notice. This Agreement shall not be terminated without mutual agreement of both <br />PARTIES. <br /> <br />Page 9 of 12 <br />L: Camm\CL E R I CAL\CLER I CAL\WO RDP ROC W GR E E?AG21640.doc <br />25B-11
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