08-13-1997 Council Agenda - Laserfiche WebLink

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c. Comply with all state laws and the lawful rules, regulations and orders of any state agency regulating the work performed and the materials furnished under this AGREEMENT. d. Meet with the DISTRICT to discuss and determine the necessary work to be performed and the schedule of such work for the following year. e. Provide all supervisory personnel necessary for the supervision of the above work. f. Provide all labor, materials, supplies, tools and equipment necessary for the performance of all work required by or under this AGREEMENT. SECTION 2. Extraordinary Construction and Emergency Repair. The CITY shall not be required to do any work under this AGREEMENT which constitutes extraordinary betterment, construction, or reconstruction of County Ditch 7A. In the event that such work is necessary, the CITY and the DISTRICT shall enter into a separate agreement specifying the work to be performed and the payment for such work. 2.1 Emergency Repair. In the event of an emergency, the CITY may proceed with repairs as necessary with appropriate notification to be given to the DISTRICT within 24 hours of such emergency or if the emergency occurs on a weekend, no later than 72 hours of such emergency. Notification shall be to the DISTRICT Administrator or the designated representative. SECTION 3. Independent Contractor. The parties agree the CITY is an independent contractor and that all persons performing services under this AGREEMENT are employees of the CITY or its contractors or agents, and are not employed by or employees of the DISTRICT. SECTION 4. Subcontractor. The CITY, with the approval of the DISTRICT, may enter into a contract with a third person whereby such person performs on behalf of the CITY and under the direction of its supervisory personnel, a part of the work required by or under this AGREEMENT. All contracts and agreements made by the CITY with third persons for the performance of any work required by this AGREEMENT shall be subject to the terms of this AGREEMENT. SECTION 5. Indemnity. The parties agree that the DISTRICT shall not be responsible or liable in any manner for any claim, demand, action or cause of action of any kind arising out of the CITY'S neglect, performance, or failure to perform the work required by this AGREEMENT and within the scope of this AGREEMENT, or arising out of the neglect, performance or failure Page 45