Resolution 7639 - Laserfiche WebLink

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4. Contract Time for Comnletion. The Contractor's services for removing trees will be completed within 20 calendar days after the date indicated on each work order, with stump removal and restoration within 10 calendar days thereafter. The Contractor recognizes that time is of the essence of this Agreement and that City may suffer financial loss if the services are not completed within the times specified. An extension of time for completion may be granted by the City for excusable delays beyond the control of the Contractor. 5. Term. The term of this Agreement shall be from the date indicated above until December 31, 2010 unless first terminated in accordance with this Agreement. 6. Termination. Either party, without cause, may terminate this Agreement by seven days' written notice delivered to the other party at the address written above. After ternunation, the City shall have no further obligation to the Contractor except to compensate the Contractor for services performed prior to the date of the notice of ternunation. 7. Subcontractors. The Contractor shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. 8. Assi~nmen~ Neither party shall assign this Agreement, or any interest arising herein, without the written consent of the other party. 9. IndemnificaNon. The Contractor agrees to defend, indemnify and hold the City, its officials, employees, agents and contractors harmless from any liability, claims, damages, costs, judgments, or expenses, including reasonable attorney's fees, resulting directly or indirectly from an act or omission (including without lunitation professional errors or omissions) of the Contractor, its agents, employees, or subcontractors in the performance of the services provided by this Agreement and against all losses by reason of the failure of the Contractor fully to perform, in any respect, all obligations under this Agreement. 10. Workers' Compensation Insurance. The Contractor shall have workers' compensation insurance coverage that meets the requirements of Minnesota law. The Contractor shall execute the form attached hereto prior to commencing work under this Agreement. 11. Records Access. The Contractor shall provide the City access to any books, documents, papers, and records which are directly pertinent to the Agreement, for the purpose of making audit, examination, excerpts, and transcriptions, for three years after final payments and all other pending matters related to this Agreement are closed. 12. General Liability Insurance. The Contractor shall maintain adequate insurance with limits acceptable to the City to protect him/her/itself and the City from claims and liability for injury or damages to persons ar property for a11 work performed by the Contractor and its respective employees or agents under this Agreement. The Contractor shall name the City as an additional insured under its policy. Prior to performing any services under this Agreement, the Contractor shall provide evidence to the City that acceptable insurance coverage is in effect. 13. Data Privacv. The Contractor shall comply with Minnesota Statutes Chapter 13, the Minnesota Government Data Practices Act. The Contractor shall not disclose non-public information except as authorized by the Act. 2010 TREE REMOVALS WITHOUT VEHICULAR ACCESS 2