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Home My WebLink AboutRESOLUTION 1992-56suggested by: City Council' ~~, the ~unc~l-hue datelined that on-site sectary at ~o ~rt ~emtn~l ~or three, hours each. dal that the building is unoccupied;-,and .. " WItEREI~, this purchase requires a transfer of money..' .. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following budget transfers be made: Airport Terminal, From: Contingency $3,864 To: Professional Services $3,864 Approved by Finance :_~~ (~/11/9~) kl i,itials: ~ustOmer GUARDIAN SECURITY SE SYSTEMS , INC. Alaska corporation W/th its principal · corporation, partner · IN CONsIDFJ~tziON of the ........ WITNE~sE'riit ship or individual, (the "CUstom~.~ 1. P.R~ sue,, ..... ...-,.w covenants hereinafter set forth .L.... -" ti~e -,~.~vaa~2~. The ' '"; ~.:ompany amJ -----..; - -,, ,o pro,ida for t. e ,=.my ._ ows h .~,,,,ce~ at the ~ 8Uard serv~a here · , ol~owt r fnafter set t~ ~"~'~~t~' ~,~,~ . .._ n~ P embes Owned or lea.u ,_. r..orth to be PerformM both parties, y nc ~ompany ¢ompnny her . o-y from ,m- .d_,?m.n ho.rs t-" .... ,., .... ~- - -~ ,-yin me Co- ..... _.--~ ,,.~-u m wntinn in o n ..... ~ ?, ,me by l]luf.n! n~=~_~_~m~ m one or ,- .... '!. oc provided shn!! ~-..~_~_me.r a~rees to fdemnl';~, oP"=~ ~an.~.the Custome~ sh~',"~'-~" ~mer signed by h,~k""----.""'?meat of the Com'~."~'=~..~_uar.al_Orders dgned"'~ · '~awflnel .; a,u no/d Co "~, ,orm a .... q PartieS. ~ f, quy en~l the Peri°trainS at .. mpany h .__ part Of this A _ . Y Guard Or _ .Customer _ the request or -~----. _nr~eu frum nh,, .--~-- . ~r.sement nnd s~., .-- ,_ tiers reft'trina to -,- -- and 3. CHAR~s._~ ~_ _ -,,cctmn of Custom ~..-~,~m, ~.oss, fa Jury, d '"' =u~_~ncorporated her" '~'~.'t~reement ----. , uc ~.'om,~- ..... er, ~ces ot~er d. .... amuse or u~her liab,~ ....... ein _for all ,~j ,--.; -areas to provide ,,,a ,.~ .... '"-- mine set forth fn ~k. ~.,nsmg from ~-.0m~,-~ ,n hours ~.[=_~eek, at the"" u pay Compnny for.~l~__~,,~,,.,~ -~ vraers. ~ tGi/owing rates per man hour of service.: ~Secunty Services of GUard $ ~ Supervisors In addition to the service regularly scheduled and contr~ted for herein, $ ~ ~d the --~~--- per man hour R ~ompany Invo · ares for an s ~I~ ,,~.....;_ ,..,, ..- . ices for servtc,.. ~.~-- Y. peclal he~trd , ~.,_,_ ~ .additional/fke service will be provided Customer nt · '- ,-.-. ~'.- .... o .,crcunaer wi/! o..-em ns~t coy at the rate of ~,~-- =~lf~at the add~,., ....... be ma~led or .~-----~ _e~a~e wlU be--....--- · -e-/e per month o- ,'-- - "°° ~,ccmed on tk- ,-- _.,,-,vered to the ~ ......~-.--,tmy agreed to ~., 4. .~._ _ . mum legal rate. ,',~ . ~CustOmer _ of Customer w Customer TERM, ,,,;see,rt , ._ ff , a~rees to a eeklyand nndsh~th I-fY -sm'tees to be r _ . ~r .,~'l,J k,,:~'L ~ay _servtcechargeon .... ~are.pnyabie the otb-- eh-, ~er~af- tar automatlenH,, e,._P_rovided, by tau Corn,, ....... ' --"'~ ~o ,elo~. ~ ~',-, aue lnvoiess "' "'~ -, ~u unYs Prior written ~...'~,- ren.ewea and extend~"~,_~. hereunder, shall eom----- ~ /,-, or-- ~,..~,~: ~,~, · ·, .... -- .,,,,,~c or the n,,-,'.~=- -- ~.or sUccessfv .... -:,,,~c~ on_~c/~ __~, '~ ' · CO~ '-~ · ., w&~E ~t.,~'r~A,~, ... --'";'"~ Party's iht m;,,..e_o:,c-m.O~th Peri ~ ,,.~ .... m 4' "~ "~ herein' "'""' .,tm the hours o~"'""~.~?Y ~aw, re~tio .... , .,., ~.. _,-...._ · ..... · ;,,n.er pm~, ~vtn" --~-'~ Company may uno ...,.~rvtce, ,utes of nay ..... ?_, ~Un8 or such mo.,, .... -- "~'~z~'6 ~:_ _ - not,ce to Custom.. -.,._. ~.g _cendftfons or C .... ~ Wy authority havi . ~ · -- -~u~t the t-~ ,__ °".'~'~"Y's cost of =n_g J. urtsdictfon of ra.,~ ,ur sec.~j~ servl.--- -- .pe-r-f°rmfn8 the s--..,--- ~ · ,~e provided in parn---~:"?s provided for ~rupn 3 abOve. pany, the Company aetin- ~n_e ~c. u. rity services to be r . such personnel arid ~, __~_,~. an maependent c P ovided hereunder _4~.'~.~.'~ ~ay mi wasa ePpifcab,- c~o.~nt_r.a_c, tor h..e~eunder, will _be__provi.ded by r --.---~.,-,.--=- i ~ .... nd~.r this Agreemen, .-~ns,.~ · h. ours mutually a .... ., _ ne r_ea~onable eft'o,,. -,.- cea .provided her _ or the lives or nro~.~.."~, oase~ solely upon ' ~."~:-~ upon: The corn a "o ,,- ._s~.ur~ty perso eUnder do_ not COnstftu are prohibit~" '"'~"~ ot Others. An o~ th. -,lue o~' the servic p ny is not_an Insurer nne! to carry out mutu te maxi_mum --. Y ~set by Cu ....... es rendered -=-, , and the n,, ...... ~ly ante,,,4 .... .. o,u,ner from amounts ..:~L,_"".u u.re Unrelated t,, ~-~._,,~,/.ts PaYable to th~,.~'=.-'~ · :ontfnued An o--_ ,'-;-mc [0 the Co,- .... -.. :,,v v~ue o1' Cu ..... , -- --~,erse Side "~,mfly w~thout Corn .... ,_~,u,..cr s Property ~'q"Y $ Prior agreement ~ Company~ The Company*s liability under this A~reemant shall be limitec~ to the following insurance coverages, evidence of which will be furnished to Customer upon written request: (a) Wo~ kmen*s Compematton Insurance as required by applicable law covering all security personnel engaged in the furnishings of services under this Agreement including Ernployer*s Liability Coverage in the amount of $100,000, (b) Comprehensive Cleneral Liability Insurance ~vering the Company's liability to third partieS' for personal injury (which coverage shall include false arrest, detention or imprisonment, malicious prose~:utiono libel, slander, defamation of character or violation of privacy) and property .damage with the following limits: Property Damage/Personal Liability -.. Single Limit Liability 1,000,000.. ~ .. ~ 8. INDEMNIFICATION ~ (a) The Company agrees to indemnify and hold harmless the Customer, its dirmors, officers, agents and employees from a~d ag'.aJnst all liabilities, demands, claims, damages, suits, or Judgements, including attorneys' fees ~nd other costs and expenses inddent thereto bmmse of harm (including but not limited to harm arising front false arrest, searches, libel and slander), injury or death to persons, or loss, damage or destruction to property, including the property of Custonter, Company and third persons, resulting front the nesilgen~ of Company or its directors, offlem~, agents or employees, while such person Js acting within the scope of his employmentj (b) Customer agrees to indemnify and hold harmless Company and its directors, officers, agents and employees from and againSt all liabilities, demands, claims, damages, suits or judgements, including attomey*s fees and other costs and exposes incident thereto Im:ans~ of harm (including but not limited to harm arising from false arrests, searches, libel, and slander), .injury or death to persons arising out of the negligence of CustSmer or its directors, officers, agents or employe~s,'whlle such person,is a~tng within scope of.his employment. ~ 9. DEFAULT. In the event of the default of the Customer in the payment of any amount due and payable to the Company the Company hereunder or in performing or observing any other agreement or condition of this Agreement on the Customer*s part to be performed or obs~ved, and if such default shall not have been cured by the Customer within five (5) days after written notice thereof from the Company to the Customer, the Company may employ an attorney to enforce any provision of this Agreement, including the collection of any amount due and payble to the Company hereunder, the Customer agrees to pay to the Company in full amount of the attorney's fees Jnm3rred by the Company in ~nnection therewith as well as all other costs and expenses incurred by the Company in connection therewith as well as all other ~osts and expenses incurred by the Company in connection with such enforcement of this Agreement. The rights of the Company to recover all amounts due and payable to it hereunder, including attorney*s, fees, shall survive the termination of the Agrecment by the Company as provided above. The rights and remedies to which the Company may he entided, either by law or by this Agreement, are comulative and the exerdse of any one of them shall not impair the Company's right to exercise any other of them, 10. BANKRUPTCY. If voluntary bankruptcy pro--"dings be instituted by the Customer or if proceedings be instituted by anyone else to adjudge the Customer a bankrupt, or if. thc customer makes an assignment for thq~beneflt of creditor, or if the interest of the Customer in this Agreement passes by operation of law to any person other than the Custome¥, d~t~Agreement may, at the option of the company, be terminated by written notice to the Customer. I1. NOTICE. Any notice required or permitted hereunder shall be in writing and shall be delivered in person or sent by certified or registered mall, postage prepaid, addre~.d to the party to receive same at the address of such party shown below or such other address as such party may hereafter designate to the other in writing. 12.'LIMITATION UPON ASSIGNMENT. The customer shall not have any right to assign this agreement or to assign any rights arising · under or to allow the same to be assisned by operation of law or otherwise without the prior written consent of the Company. 13. AMENDMENT. This Agreement constitutes the entire agreement between the Company and the Customer and cannot be altered, changed or amended except by a written instrument signed by both of such parties. 14. MISCELLANEOUS. This Agreement shall bind ami insure to the benefit of the Company and the Customer and their respective heirs, executors, administrators, successors, and except as other wise provided in the Agreement, their respective assigns. In the event any provi. sion of the Agreement if found contrary to law, such provision shall be either modified to conform to law or considered severable with the remalaln8 provisions hereof continuing in full force and effect. The paragraph captions used herein are for convenience only and not be deemed to have besn included for any other purpose. EXECUTED in multiple counterparts the day and year first above written; Customer: Address Title Company: Address By Title