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QPA Purchase - GameTime Sinclair Recreation - Playground Equip for 2019 Parks Upgrade Program
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QPA Purchase - GameTime Sinclair Recreation - Playground Equip for 2019 Parks Upgrade Program
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4/2/2025 10:01:22 AM
Creation date
12/12/2018 1:30:51 PM
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Board of Public Works
Document Type
Contracts
Document Date
12/11/2018
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City's principal point of contact for purposes of this Agreement. <br />6. tclatronsitip. The Provider shall at all times be an independent contractor for all <br />services performed and goods supplied rather than an employee of the City, and no act or omission <br />to act by the Provider shall in any way bind or obligate the City. This Agreement is strictly for the <br />benefit of the Parties and not for any third party or person. This Agreement was negotiated by the <br />Parties at arm's length and each of the parties hereto has reviewed the Agreement after the <br />opportunity to consult with independent legal counsel. Neither party shall maintain that the <br />language in the Agreement shall be construed against any signatory hereto. The City and the <br />Provider hereby renounce the existence of any form of agency relationship, joint venture, or <br />partnership between the Provider and the City and agree that nothing contained herein or in any <br />document executed in connection herewith shall be construed as creating any such relationship <br />between the City and the Provider. <br />7. Indemnification of City. The Provider hereby agrees to defend, indemnify, and <br />hold harmless the City, its officials, employees, and agents from any and all claims of any nature <br />which arise from the performance by the Provider under this Agreement and from all costs and <br />attorney fees in connection therewith, excepting for claims arising out of the negligence of the <br />City, its officials, directors, employees, and agents. The obligations of the Provider under this <br />section shall survive the termination of this Agreement. <br />8. An . L�mcgt. The Provider shall not assign or subcontract the whole or any part of <br />this Agreement or its obligations hereunder without the prior written consent of the City. <br />9. Notices. Any notice required or permitted to be delivered hereunder shall be <br />deemed to be delivered, whether or not actually received, when deposited in the United States <br />Postal Service, postage prepaid, registered or certified mail, return receipt requested, addressed to <br />the City or the Provider, as the case may be, at the address set forth below. <br />Provider: <br />Sinclair Recreation, LLC <br />128 E. Lakewood Blvd, Ste 40 <br />Holland, MI 49424 <br />Attn: Rocki Stillson <br />City <br />City of South Bend <br />Venues Parks & Arts Department <br />1020 High Street <br />South Bend, IN 46601 <br />Attn: Nick Gaul <br />10. Equal Opportunity; Non -Discrimination: ConlDliance. The Provider shall comply <br />with all applicable laws and regulations in its hiring and employment practices and policies for <br />any activity covered by this Agreement. The Provider shall comply with all state, federal, and <br />municipal laws, regulations, and standards applicable to its activities pursuant to this Agreement <br />including, but not limited to, the requirements imposed by Ind. Code 22-9-1-10 (non- <br />discrimination), the provisions of Ind. Code 5-22-16.5 (disqualification for dealings with the <br />government of Iran), and the provisions of Ind. Code 22-5-1.7 (requiring E-Verify for new <br />employees and prohibiting employment of unauthorized aliens). Each of the foregoing provisions <br />is incorporated herein as if set forth in full, and the Provider certifies that it is in compliance with <br />each such provision and shall remain in compliance through the term of this Agreement. <br />Pa <br />
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