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R94-131 ACCEPTING THE PROPOSAL AND AUTHORIZING A CONTRACT
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R94-131 ACCEPTING THE PROPOSAL AND AUTHORIZING A CONTRACT
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7/13/2016 10:19:15 AM
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Resolution/Ordinance
Res Ord Num
R94-131
Res Ord Title
ACCEPTING THE PROPOSAL AND AUTHORIZING THE EXECUTION OF A CONTRACT FOR UPGRADE OF PAVEMENT MANAGEMENT SYSTEM
Approved Date
9/6/1994
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11. ORAL AGREEMENTS <br /> No oral agreement or represeniation by any officer, agent, or employee of either party made before, <br /> during, or after the execution of this Agreement shaii become a part of the Agreement except to the <br /> extent such oral agreement or representation is expressly reflected in this written Agreement or a <br /> written amendment to this Agreement. In light of City's right and duty to protect the public's interest <br /> and City's legal obligation to have authority for its acts, executed oral amendments shall be subject <br /> to the provisions of Section 4 (c) (ii) above, dealing with exceeding the cost ceiling for this <br /> Agreement. <br /> _ 12. CONFLICT OF INTEREST <br /> If desired by the City, Consultant shall file a Conflict of Interest Statement with the City Clerk of the <br /> City of Decatur. The Consultant shall report investmenis and interest in real property. No officer or <br /> employee of the City of Decatur may become financially interested in this Agreement. <br /> 13. INDEMNIFICATION <br /> Consultant agrees to indemnify and save harmless the City, its officers, agents, and employees from <br /> and against any and all claims, demands, losses, defense costs, or liability of any kind or nature <br /> which the City, its officers, agents, and employees may sustain or incur or which may be imposed <br /> upon them for injury to or death of persons, or damage to property as result of, arising out of, or In <br /> any manner connected with Consultant's performance under the lerms of ihis Agreement, excepting <br /> liability arising out of the negligence of the City and to the extent thereof. Without limiting <br /> Consultant's indemnification, it is agreed that Consultant shall maintain in force at all times during <br /> the performance of this Agreement the following policy or policies of insurance covering its: <br /> (i) Comprehensive General Liability, business automobile liability, all of which shall include <br /> coverage for both bodily injury and property damage, with a combined single limit of one <br /> million dollars. <br /> (ii) Worker's Compensation coverage at statutory limits. Contractor's liability insurance policy <br /> shall contain the following clauses: <br /> (i) "The City of Decatur is named as an additional insured as respects operations of the <br /> named insured performed under contract with the City". <br /> (ii) "It is agreed that any insurance maintained by the Ciiy shall apply in excess of, and <br /> not contribute with, insurance provided by this policy". <br /> 7 <br />
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