2011-094 RES APPROVING BIDS AND AWARDING CONTRACT FOR GROUNDS MAINTENANCE

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Requirements section and Insurance Checklist section of the Mowing Specifications exhibit, attached hereto as Exhibit A, and to require all subcontractors who perform work for CONTRACTOR under this Agreement to do the same. Before commencing any work or operations under this Agreement, CONTRACTOR shall deliver to the City Clerk for the City of Paris, Texas at 150 1 St SE Street, Paris, Texas 75460, a valid and appropriate Certificate of Insurance naming the CITY, as an Additional Named Insured under the above referenced insurance policies. Such Certificate shall contain a provision that coverage afforded under the policy will not be cancelled until at least ten (10) days prior written notice has been furnished to the City. 7. The CONTRACTOR and his sureties shall indemnify, defend and hold the City, its elected officials, officers and employees harmless from all suits, actions or claims of any character, name and description brought for or on account of any injuries or damages received or sustained by any person, persons or property on account of the operations of the Contractor, his agents, employees or subcontractors; or on account of any negligent act or fault of the Contractor, his agents, employees or subcontractors in the performance of said contract; or on account of the failure of the Contractor to provide the necessary barricades, warning lights or signs during the work; and CONTRACTOR shall be required to pay any judgment, with cost, which may be obtained against the OWNER growing out of such injury or damage. The Contractor likewise covenants and agrees to, and does hereby, indemnify and hold the CITY harmless from and against any and all injuries, loss or damages to property of any third parties during the performance of any of the terms and conditions of this Contract, whether arising out of or in connection with or resulting from, in whole or in part, any and all alleged acts or omissions of officers, agents, servants, employees, contractars, subcontractars, licenses or invitees of the City. 8. CITY may terminate this Agreement for any reason upon thirty (30) days written notice to CONTRACTOR. In the event of early termination CONTRACTOR will be paid for all services performed in accordance with the contract documents up to and including the day CONTRACTOR receives notice of termination. 9. CONTRACTOR covenants and agrees that during the term of this agreement, the services to be provided hereunder remain the sole responsibility of CONTRACTOR, and that CONTRACTOR shall not during the term of this agreement assign, subcontract, or in any other way authorize or retain other parties to provide such services without the express written consent of CITY. 10. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party thirty (30) days written notice. 2