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HomeMy WebLinkAbout1999-045RESOLUTION N0. 99-45 APPROVAL OF CONTRACT BETWEEN THE CITY OF STILLWATER AND LARRY BUBERL BE IT RESOLVED, by the City Council of Stillwater, Minnesota, that the contract between the City of Stillwater and Larry Buberl to provide impounded animal transportation services on an as needed basis, hereto attached as Exhibit A, is .hereby approved, and the appropriate city staff is authorized to sign said contract. Adopted by the City Council this 16th day of February, 1999. Jay Kimble, Mayor Attest: Morli eldon, City Clerk CONTRACT THIS AGREEMENT, made , 1999, between the City of Stillwater, a municipal corporation within the Co y of Washington, State of Minnesota, mailing address of 216 North Fourth Street, Stillwater, Minnesota 55082, ("City"), and Larry Buberl, 14297 North 107`'' Street, Stillwater Township ("Consultant"). SECTION ONE SERVICES TO BE PROVIDED Consultant will provide the City of Stillwater impounded animal transportation services on an as needed basis at the direction of the Stillwater City Police Chief or his designee. SECTION TWO PLACE OF WORK AND INSURANCE The services will be rendered in person and in vehicles belonging to City and Consultant will go to remote locations, when necessary. City will at all times maintain insurance coverages on all vehicles used in the work. SECTION THREE TERM AND TERMINATION The term of this Contract will commence on January 1, 1999, and will continue until terminated. Either party may terminate this Contract at any time and for any reason without any liability to the other. SECTION FOUR COMPENSATION City will pay the Consultant the rate of set forth on the attached Exhibit "A". Itemized and verified invoices must be submitted. Payment will be made within thirty (30) days of delivery of an invoice. SECTION FIVE QUALIFIED PERSONNEL Consultant promises that only qualified persons may be assigned to perform the work. -1- f SECTION SIX RELATIONSHIP BETWEEN PARTIES The Consultant is not an employee of the City and is not entitled to the benefits provided by the City to its employees. SECTION SEVEN WORK STANDARDS Consultant will control the conduct and means of performing the work and will perform all services required under this Contract in a manner consistent with generally accepted procedures and will maintain all licenses required for the work under State law. SECTION EIGHT INDEMNITY The Consultant will be responsible for any damages incurred in connection with Consultant's services under this Contract. Consultant will not be liable for failure to provide or delays in providing services. The City agrees that it will defend, indemnify and hold harmless the Consultant from any liability, loss, damages or costs that are the fault of the City and that grow out of the services. SECTION NINE TERMS TO BE EXCLUSIVE The entire Agreement between the parties with respect to the subject matter hereunder is contained in this Agreement. Except as herein expressly provided to the contrary, the provisions of this Agreement are for the benefit of the parties solely and not for the benefit of any other person, persons or legal entities. SECTION TEN WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING No waiver, alteration or modification of any of the provisions of this Agreement will be binding unless in writing and signed by a duly authorized representative of both parties to this Agreement. SECTION ELEVEN NO ASSIGNMENT WITHOUT CONSENT Consultant will not assign this Contract nor any of the rights and duties hereunder without the prior written consent of the City. -2- SECTION TWELVE WRITTEN NOTICE All communications regarding this Agreement should be sent to the Consultant and the City at the addresses set forth above, unless notified to the contrary. SECTION THIRTEEN GOVERNING LAW This Agreement is governed by the laws of the State of Minnesota. Dated: ~//L / ~' Weldon, City Clerk Larry Buberl Approved by City Council -Resolution No. Dated: -3- CITY OF STILLWATER