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HomeMy Public PortalAbout012-2009 - City - Molina lot - snow removalAGREEMENT THIS AGREEMENT made and entered into this _22" d _ day of _January , 2009, and referred to as Contract No. 12-2009, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Gallo Molina, 220 South 5th Street, Richmond, Indiana, 47374 (hereinafter referred to as "Molina"). SECTION I. STATEMENT AND SUBJECT OF AGREEMENT City hereby agrees to remove snow from a certain parking lot located in the 200 block of South 5th Street on the west side, extending west to South 4th Street and bounded on the north by South B and bounded on the south by a building (common address of 220 South 5th Street) in Richmond, Indiana, (hereinafter referred to as "lot") owned by Molina. This agreement is for snow removal and application of salt and/or ice -melting substances only and does not include maintenance or repair of the lot by City. In exchange, Molina hereby agrees that he will maintain the lot in a safe manner, will be responsible for any residual ice and snow removal that the City is unable to remove or melt, and shall be responsible for the maintenance and condition of his lot regardless of weather conditions. Molina shall carry adequate insurance on the lot and shall comply with Richmond City Code with respect to Snow Emergency Provisions. Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. City shall furnish all labor material, equipment, and services necessary for and incidental to snow removal from the lot pursuant to this Agreement. SECTION II. STATUS OF PARTIES Both parties shall be deemed independent contractors and are not employees or agents of the other party. City shall provide, at its own expense, competent supervision of the completion of its promises under this Agreement. Molina shall provide, at his own expense, competent supervision of his promises under this Agreement. SECTION IV. PREMISES TO BE USED FOR SNOW REMOVAL City shall remove snow from Molina's lot located at 220 South 5th Street, Richmond, Indiana, 47374. Contract No. 12-2009 Page 1 of 3 SECTION V. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until April 30, 2011. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part at any time by giving at least two (2) working days written notice specifying the effective date of the termination. This Agreement may also be terminated by either the City or Molina, in whole or in part, by mutual Agreement setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. SECTION IX. RELEASE OF LIABILITY Molina hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability for negligence which may arise in the course of City's performance of its obligations pursuant to this Agreement. SECTION X. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising under this Contract, if any, must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. Any person executing this Contract in a representative capacity hereby warrants that he has been duly authorized by his or her principal to execute this Contract. In the event of any breach of this Agreement by Molina, and in addition to any other damages or remedies, Molina shall be liable for all costs incurred by City due to the enforcement of this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is filed. In the event that an ambiguity or question of intent or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption Page 2 of 3 or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" THE CITY OF RICHMOND, INDIANA BY AND THROUGH ITS Board of Public Works and Safety By:_S/S Vicki Robinson Vicki Robinson, President By:_S/S Dian Lawson Dian Lawson, Member By:_S/S Mary Jo Flood Mary Jo Flood, Member Date:_January 22, 2009 APPROVED: S/S Sarah L. Hutton Sarah L. Hutton, Mayor Date:_January 23, 2009 "MOLINA" Gallo Molina By: S/S Gallo Molina Gallo Molina, Owner Date:_January 27, 2009 Page 3 of 3