Admin Order 53-82-01 - Laserfiche WebLink

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GENERAL SPECIFICATIONS MALL CONCESSIONS Page 5 22. CONCESSIONAIRE INDEPENDENCE The concessionaire is an independent contractor, free of the direction and contro 1 of the City. and is not an employee or agent of the City. 23. CONCESSIONAIRE INDEMNITY Contractor agrees to indemnify City, its agents, and employees, from any and all liability, of any kind or nature whatsoever, that may arise from his performance under this agreement. In the event any suit, action, or other proceeding is filed wherein City, its agents, or employees are joined, concessionaire agrees to hold City, its agents, or employees harmless from any liability whatsoever that may be' found, and to defend City, its agents, and employees, all at con- cessionaire's own cost and expense. Concessionaire agrees to procure and there- after maintain during the course of the agreement, at concessionaires's. expense, a public liability and property damage insurance policy from a responsible company, naming City, its agents, and employees, as co~insureds. Limits of the policy shall be not less than $100,000 for injury to one person, $300,000 for injury to two or more persons in one occurrence, and $50,000 for damage to property. The insurance purchased shall cover all risks arising directly or indirectly out of concessionaire's performance under this agreement, and shall protect City, its agents, and employees against- any such claims of any kind or nature whatsoever. Concessionaire shall provide a certificate of coverage for the above requirements, and in addition, shall provide a certificate of coverage for Workers' Compensation if concessionaire is now or becomes, during the course of this agreement, an employer. 24. LEGAL COST Concessionaire shall pay any attorney's fees and court costs incurred by the City for the purpose of enforcing the terms of this agreement. 25. COMPENSATION Rental Rates shall be the greater of $50 per month or six percent (6%) of gross sales per month per pushcart except that during the summer season, June 1 through September 30, the fee shall be the greater of $100 per month or six percent (6%) of gross sales per month per pushcart. Electrical Rates shall be an additional surcharge of $20 per month per pushcart for those pushcarts requiring electricity.