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HOSTETTER, DARREN-2015
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HOSTETTER, DARREN-2015
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Last modified
5/10/2016 10:20:51 AM
Creation date
5/10/2016 10:14:05 AM
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Contracts
Company Name
HOSTETTER, DARREN
Contract #
A-2015-297
Agency
COMMUNITY DEVELOPMENT
Council Approval Date
12/15/2015
Expiration Date
6/30/2016
Destruction Year
2021
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E. Payment <br />1. The City will reimburse the Artist for the cost of paint and paint supplies not to <br />exceed two - hundred dollars ($200). The Artist must fill out and submit a <br />reimbursement form, attached hereto and incorporated herein as Exhibit A, within <br />30 -days of completing the work. Receipts for the purchased items must be <br />included with the reimbursement form. Artists will receive a reimbursement <br />check within 30 days of submitting an approved request for reimbursement. <br />F. Indemnity and Release of Liability <br />1. Artist shall defend, indemnify, protect and hold harmless the City, or their elected <br />and appointed officers, employees, members or agents from and again all claims <br />for damages, liability, cost and expense (including without limitation attorney's <br />fees) arising out of or alleged by third parties to the by the result of the negligent <br />acts, errors or omissions or the willful misconduct of the Artist, and Artist's <br />employees, subcontractors or other persons, agencies or firms for whom Artist is <br />legally responsible in connection with the execution of the work covered by this <br />agreement. Artist shall have no duty to indemnify or hold harmless the City if <br />claims, damages, liability, costs, expenses (including without limitation, attorney's <br />fees) arise from the sole negligence or sole willful misconduct of the City <br />subsequent declaration by the Artist. Artist's obligations shall survive the <br />termination of this Agreement. <br />2. Artist agrees to hereby fully release and forever discharge the City from any and <br />all claims, demands, damages, losses, and liabilities (hereinafter collectively <br />referred to as "claims "), which are or may be related to or in anyway connected <br />with the negligence or willful misconduct of its officers, officials, employees, or <br />agents in connection with the creation, painting or installation of the artwork. <br />3. To protect the City, Artist shall execute a Release of Liability before participating <br />in the Utility Box Art Pilot Project. A true and correct copy of the Release of <br />Liability form is attached hereto as Exhibit B and incorporated herein by this <br />reference. All terms and requirements of the Release of Liability shall be <br />enforceable in addition to all terms and requirements of this Agreement. <br />G. Repairs <br />1. If any component of the City's traffic signal system is damaged as a result of the <br />artists' work, the artist shall arrange for a licensed contractor to repair the <br />damage at the artists' sole expense. <br />2. The artist has the first option to repair artwork if damaged. The City may repair, <br />remove or modify damaged artwork if Artist is unavailable. <br />3 <br />
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