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2015 Mowing Contract-Superiork INDEPENDENT CONTRACTOR AGREEMENT This Agreement made this 25 day of November 2015, between the City of Blair, Nebraska; Hereinafter referred to as the "City" and Superior Green Lawn, hereinafter referred to as the "Contractor ". Whereas, City requested bids for the turf mowing of city parks, city cemetery, right -of -ways and other areas and that Contractor was the lowest and best bidder for such proj ect. For valuable consideration and the mutual promises and covenants herein, the parties hereto agree as follows: 1) Independent Contractor: City hereby retains the services of Contractor to act as an independent contractor for the purpose of turf mowing of the city parks, city cemetery and other areas designated hereinbelow. Contractor hereby agrees and understands that it is an independent contractor and is not an agent or employee of the City. 2) Term of Agreement: Subject to the terms and conditions set forth for termination hereof, this Agreement shall commence on April 1, 2015 and shall terminate on December 31, 2017; provided however, this Agreement may be terminated under the following conditions: a) Either party may terminate this Agreement by giving written notice of termination on or before December 31 of each calendar year during the term of this Agreement. In the event either party delivers such written termination, this Agreement shall immediately terminate; or b) In the event that the City, in its sole and absolute discretion, deems that the Contractor is in default of the terms of this Agreement, City shall serve Contractor with written notice stating the nature of the default and providing a reasonable period of time for satisfactory correction thereof, said reasonable period of time to not bee less than thirty (3 0) days. In the event that Contractor has not satisfactorily corrected the default to the satisfaction of City, in City's sole and absolute discretion, within in said thirty (30) day period, then City shall so notify Contractor of its default and this Agreement shall terminate upon delivery of such notice of default; provided further, that in the event City terminates the Agreement pursuant to this provision, City shall have the right to contract with a third party to have the services performed and if the cost thereof is in excess of the amount set forth in Paragraph 5, then Contractor shall be liable for and pay to City, the amount in excess of the cost for mowing set forth in said Paragraph 5. Services Contractor agrees to mow all turf and right -of -way areas designated on Exhibit "A" attached hereto, and incorporated by this reference herein on the following schedule: a) All turf areas are to be mowed once every seven (7) days during the months of April through June and every nine (9) days during the months of July through October, which equals a total of twenty -four (24) mowings per year. City reserves the right to request Contractor to mow additional times upon reasonable notice. Contractor will be compensated for additional mowings as set forth in Paragraph 5 hereinbelow; b) Mowing of all turf areas described on Exhibit "A" are to be completed within three (3) consecutive days after mowing has commenced; c) All turf areas shall be mowed to a height as directed by the City and included trimming around all obstacles or protrusions and removing all grass clippings off of paved surfaces. d) Contractor shall furnish all necessary vehicles, equipment, tools and labor to perform the services described hereinabove, in a timely and workmanlike manner. e) All right -of -way areas are to be mowed once every month during the months of April through October, which equals a total of nine (9) mowings per year. City reserves the right to request Contractor to mow additional times upon reasonable notice. Contractor will be compensated for additional mowings as set forth in Paragraph 5 hereinbelow; f) Mowing of all right -of -way areas described on Exhibit "A" are to be completed within three (3) consecutive days after mowing has commenced; g) All right -of -ways shall be mowed to a height as directed by the City and included trimming around all obstacles or protrusions. h) Contractor shall furnish all necessary vehicles, equipment, tools and labor to perform the services described hereinabove, in a timely and workmanlike manner. 4) Insurance Requirements: Contractor shall be required to maintain the following insurance: a) Workman's Compensation Act — Contractor shall maintain liability insurance that will protect Contractor, or its sub - contractors, from claims under the Nebraska Workman's Compensation Act; b) Commercial General Liability Insurance — Contractor shall maintain a commercial general liability insurance policy in an amount of at least Five Hundred Thousand Dollars ($500,000) with a deductible of not more than Two Hundred Fifty Dollars per occurrence covering bodily injury, including death and property damage which may arise from or during operations under this agreement. Contractor shall provide City with a certificate of insurance evidencing the existence of the policies of insurance and further provide that City shall be given at least thirty (30) days notice prior to cancellation of any of such policies of insurance. 5) Compensation: a) City agrees to pay Contractor the sum of one thousand twenty four and 551100 ($1024.55) per mowing for all right of way mowing listed on Exhibit "A" attached hereto, and seven hundred twenty and 13/100 ($720.13) per mowing for areas mowed once each in May, June and July listed on Exhibit "A" attached hereto. Contractor shall deliver a claim to City on monthly basis. City agrees to remit payment to Contractor within thirty (30) days after verification of satisfactory performance of the services. b) City agrees to pay Contractor the sum of three thousand one hundred forty three and 501100 ($3143.50) plus one hundred twenty three ($123.00) for the Catholic Cemetery and fifty nine and 25/100 ($59.25) for each additional mowing of Vet Field per mowing for all sites listed on Exhibit "A" attached hereto. Contractor shall deliver a claim to City on monthly basis. City agrees to remit payment to Contractor within thirty (30) days after verification of satisfactory performance of the services. 6) Employees: Contractor shall not employ any person whose employment on or in connection with this contract may be objectionable to City and Contractor agrees to reassign any such person when objected to by City. 7) Government Regulations /Laws: The Contractor shall comply with all federal and state laws, codes and regulations and all codes and regulations of the City of Blair, Nebraska and to pay all fees, taxes and expenses connected with compliance thereof and also to pay all taxes imposed by any federal or state law or any employment insurance or other such expense associated with its employees. Contractor further agrees to comply with the Occupational Safety and Health Act of 1970, as amended, and any and all regulations issued pursuant. As a term and condition of this agreement, the Contractor shall keep and save the City harmless from any claims or charges of any kind by reason of the Contractor failing to comply with the Occupational Safety and Health Act of 1970, as amended, and the regulations thereto and agrees to reimburse City for any fines, damages or expenses of any kind incurred by City by reason of the Contractor's failure to so comply. 8) General Indemnification: Contractor agrees to indemnify and hold harmless from any and all claims, causes of action, losses or other liability arising, directly or indirectly, from the services contemplated under this Agreement. 9) Assignment: This Agreement shall not be assigned by either party. 10) Time is of the Essence: Time is the essence of this Agreement. 11) Binding Effect: This Agreement shall be binding upon and insure to the benefit of the parties hereto, their successors or assigns. CITY OF BLAIR, NEBRASKA By J ES ALPH, MAYOR ATTEST: Superior Green Lawns, Inc. BRENDA R. WHEELER, CITY CLERK ATTEST: SECRETARY