11-Deliberate and act on a Resolution authorizing a contract for applying herbicides and outdoor insecticides

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e4/'06/'2010 13:15 903,842429 CIT`r' OF PARIS PAGE 12 12.00) BILLING: The Contractor sha(I bill the City of Paris by the end of each month. Partial payments will be only on an as completed basis. A 10% retainage will be held from each payment to be paid upon final acceptance and approval by the City of Paris after the 30 day inspection as noted in Section 2.2. 13.00) ASSICNNIENT: Contractor shall not sublet, subcontract, or assign this contract or the work hereunder in whole or in part without the consent of the City having first been obtained in vrriting. 14.00) INDEPENI7ENT CONTRACTOR: The Contractor herein is an "lndependent Contractor", and is obligated to furnish all equipment and all personnel required to complete the work contemplated by this project. The City is not obligated to furnish any equipment or personnel, contemplated under this project (or to control or direCt the actions of same), and at no time will the personnel of the Contractor be deemed to be employees of the City. 15.00) ADDIT1fJNAL WORK: The specifications and bid proposal submitted by the Contractor shall be incorporated herein and are to be constructed as part of the Contract. If the City requests and accepts bids or quotations for additional work which the Contractor agrees to provide, such bids or quotations shall be incorporated herein and are to be cons#rued as part of the projeet. 16.00) ADDITIONAL FEATURES: 16,01) The decision of the City Manager shall be final in all cases of dispute that may arise from execution of this contract. 16.02) This contract rnay be terminated by either party following delivery of a thirty (30) day written notice to the other party sta#ing such intent. Failure by the Contractor to supply such notice will result in a pro-rated deduction of final payment made to the Contractor. 16.03) Failure by the successful bidder to satisfactorily enter into a Contract with the City or failur2 to complete the Contract as prescribed in this Bid Package, will result in the successful bidder being financialiy liable for damages to the City for the difference in monies between their bid amount and the next lowest and best bidder or 10% of the successful bidders original bid amount, whichever is greater. 16.04) ExCeptions to the above specifications and requirements will be considered; but failure to note exceptions, when they exist may result in rejection of the bia1. to 84