R2024-106 Resolution Authorizing a Lease Agreement with G & H Services, LLC-1 for Nelson Park Marina Fuel System

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each specific transaction for fuel use by the City of Decatur of governmental functions. G&H agrees to charge and invoice the City only for G&H's actual wholesale(i.e. supplier)cost with not markup or overhead costs. The City shall not be liable for and shall not be charged for any taxes and fees from which the City is exempt.The City will pay G& H within 30 days of receipt of invoice. Section 7. G&H hereby assumes liability for and agrees to protect,hold harmless, and indemnify the City, its assigns,officers,employees, directors,agents and servants from and against all liabilities,obligations, losses,damages,penalties, judgements,settlements,claims,actions,suits,proceedings,costs,expenses,and disbursements including Worker's Compensation claims and including legal fees and expenses of whatever kind and nature,imposed on, incurred by or asserted against the City, its assigns,officers,employees,directors,agents,and servants in any way relating to or arising out of any allegations, claims,or charges to the extent proximately caused or proximately arising out of negligent acts or omissions to act by G&H in connection with its performance of this contract,including operations of its subcontractors and negligent acts or omissions of employees or agents of G&H or its subcontractors. The City shall indemnify and save harmless G&H, its officers and employees against claims for damages to property or injuries to or death of any person or persons,including property and employees or agents of G&H and shall indemnify and save harmless G&H from all claims,demands,suits,actions or proceedings including Worker's Compensation claims,of or by anyone whomsoever,to the extent proximately caused or proximately arising out of negligent acts or omissions to act by the City in connection with its performance of this contract,including operations of its subcontractors and negligent acts or omissions of employees or agents of the City or its subcontractors. Section 8. This Agreement may only be amended by a written instrument signed by each party hereto. Any modification of this Agreement or additional obligations assumed by either party in connection with this Agreement will be binding only if evidenced in writing and signed by each party. Section 9.The parties to this Agreement are barred from transferring,assigning or delegating the rights and/or duties set forth herein,and any attempted transfer, assignment or delegation will be null and void. Section 10.Each signator to this Agreement warrants and represents that such signator is duly authorized to execute this Agreement on behalf of the party for who the Agreement is signed. Section 11.This Agreement will be binding upon and inure to the benefit of the parties,their permitted assigns,and successors. Section 12.This Agreement may be executed in counterparts,and any party hereto may sign any counterpart. This Agreement shall be effective when each party hereto has signed a counterpart,and a set of counterparts bearing the signature of each