CC RES 92-008 RESOLUTION APPROVING A CONTRACT FOR RECYCLING PICK UP AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SAID CONTRACT

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7.2 The City shall indemnify Contractor from and against all claims for loss or • damage to property, or injury to or death of any person, arising out of the use of Contractor's containers by the City or its residents while such containers are in the City's possession and are not being handled by Contractor. 8. TERM AND TERMINATION 8.1 The term of this Contract shall be from January 6, 1992 to December 31, 1992. 8.2 The City shall have the right to terminate this Contract at any time upon 30 days' prior written notice to Contractor. 9. DEFAULT 9.1 Failure by Contractor to conform with the provisions of this Contract may result in the termination of this Contract and/or liability to the City for damages. 9.2 In the event of such failures, Contractor agrees to pay, in addition to the actual damages sustained by the City as a result thereof, attorney's fees incurred by the City in pursuing any of its rights under this Contract. 9.3 Upon failure of Contractor to fulfill any of the provisions of the Contract, the City is authorized to hire such person, or assign City employees and equipment, as may be • necessary, to do such work and the cost and expense thereof may be charged and deducted from monies due Contractor, collected from Contractor, or collected by recourse against Contractor's bond. 10. NONDISCRIMINATORY PRACTICES 10.1 Minnesota Statutes, Section 181.59, which prohibits discrimination on account of race, creed, or color in the performance of public contracts, is made a part of this Contract with the same force and effect as if set out herein verbatim. 11. SUCCESSORS AND ASSIGNS 11.1 Contractor binds itself and its successors and assigns to the City in respect to all covenants of this Contract, except that Contractor shall not subcontract, assign or transfer all or any part of its interest in this Contract nor shall Contractor assign any monies due, or to become due under this Contract, without the City's prior written consent. 12. WHOLE AGREEMENT 12.1 This Contract embodies the entire agreement between the parties including all prior understandings and agreements and may not be modified except in writing by all • parties.