City’s Duties. City’s duties under this Agreement are to cooperate with Contractor in the performance of the contract and timely pay invoices. 2.04. Payment. Payment terms under this Agreement are listed in Exhibit “B.”
City’s Duties. The City will:
(1) Determine the scope of services, as set forth in Attachment A.
(2) Make available the project plans and specifications and other City data related to the project, including full information as to the City's requirements.
(3) Designate Xxxxx Xxxxxxx as the person at the City responsible for monitoring performance under this Task Order.
City’s Duties. The terms of this DEVELOPMENT AGREEMENT shall not be considered an affirmative duty upon the CITY to complete any DEVELOPER IMPROVEMENTS.
City’s Duties. 12 The City hereby promises to provide access to all data, records and documents 13 reasonably within its possession or control as are necessary for the Consultant to perform the 14 Services contemplated by this Agreement. The City agrees to make decisions in its regular 15 course of business once Consultant has provided all required documentation to the City 16 necessary for the City to make an informed decision. The City shall designate in writing to the 17 Consultant the City's primary point of contact for administering this Agreement. However, the 18 person designated as the City's primary point of contact is not authorized to modify, change, 19 or alter this Agreement, or to authorize work or Services beyond that which is set forth in this 20 Agreement, or make promises of payment of any kind. Only the City Council for the City is 21 authorized to modify, change, or alter this Agreement, or to authorize work or Services beyond 22 that which is set forth in this Agreement, or make promises of payment of any kind, and then 23 only after a majority vote of the City Council.
City’s Duties. 3.1. Nothing in this Agreement shall be deemed to make the City the agent of the Port for any purpose. The City shall not represent to DEQ or the U.S. Environmental Protection Agency (“EPA”) that the City is acting on behalf of the Port without the prior express written authority of the Port’s Executive Director. Nothing in this Agreement shall give rise to any right or cause of action in any third party.
3.2. If there is a mutual agreement to coordinate jointly on a report required under the MS4 Permit, and the agreement includes the City taking the lead, the City shall coordinate the preparation and submittal of the relevant report with the Port. Coordination shall include receiving information from the Port and incorporating that information into such reports. The City shall make available to the Port materials related to relevant joint reports and other MS4 Permit implementation tasks that are coordinated between the City and the Port and for which the City has lead responsibility.
3.3. The City shall perform environmental monitoring, conduct analyses, and submit monitoring reports as required as part of the MS4 Permit monitoring program in accordance with the City’s most current version of the MS4 Monitoring Plan. The monitoring data will be provided to the Port each year with the MS4 Permit annual report. The Port may also request the data more frequently than annually and the City will provide, or make available by current data-sharing technology, the requested data to the Port within 30 days from the time of the request.
3.4. The City’s monitoring obligation shall include, without limitation, monitoring necessary to comply with the Total Maximum Daily Load (“TMDL”) established by DEQ for the Columbia Slough.
3.5. The City shall update the MS4 Monitoring Plan as needed and provide any updates to DEQ and the Port. In the event the City makes an MS4 Permit-required request to DEQ to modify the MS4 Monitoring Plan, the City will promptly notify the Port of the request and of DEQ’s response.
3.6. The City shall coordinate with the Port to review and comment on proposed modifications to the MS4 Monitoring Plan made in conjunction with the MS4 Permit renewal or made as allowed by terms of the MS4 Permit.
3.7. The City shall conduct inspections of stormwater management facilities (“SMFs”) on tenant-occupied Port properties where the tenant is responsible for maintenance as identified by the City and agreed upon by the Port. Inspections shall be conducted i...
City’s Duties. The Employer agrees that it will not lockout bargaining unit employees during the term of this Agreement and the Union and Employees agree that no picketing or hand billing against the employer will occur during the term of this Agreement.
City’s Duties. The Division of Fire & EMS shall keep, during the time of employment, a file on each member involved in any on-the-job Hazardous Material Incident, to include but not limited to, the following: location, date and time of incident, material involved, if know; exposure length, any injuries received during the incident, and health risks, if known; when exposed to said materials, if known.
City’s Duties. 2 1. The aforementioned recitals are true, correct, and are incorporation herein.
3 2. As a necessary and indispensable part of this Agreement, the City agrees to advance 4 $2,310,000 (the “Advance”), in three (3) separate installments, pursuant to Exhibit “B,” 5 which Exhibit is incorporated herein by this reference, to the COG for the specific 6 purpose of the COG implementing its Fiber Optic Fee Program.
City’s Duties. 5.1 OMI shall make recommendations for Capital Expenditures and Major Plant Equipment and improvements including providing CITY with an explanation for the need and urgency of the improvement.
5.2 Any loss, damage, or injury resulting from CITY’s failure to provide funds for such expenditures when reasonably requested by OMI shall be the sole responsibility of CITY.
5.3 In the event OMI is required to pay any sales tax, use, or gross receipt taxes on the value of the services provided by OMI hereunder, the CITY shall pay OMI such taxes, unless the CITY furnishes a valid and properly executed exemption certificate relieving the CITY and OMI of the obligation for such taxes. In that regard, CITY will provide documentation to OMI that will exempt OMI from the payment of gross receipts tax (GRT) to the State of New Mexico if the New Mexico Department of Taxation and Revenue grants such approval.
5.4 The CITY shall provide OMI, within a reasonable time after request and on an "as available" basis, with the temporary use of any piece of CITY’s construction equipment or other equipment as may be reasonably requested by OMI if such equipment is available so that OMI may discharge its obligations under this Services Contract in the most cost-effective manner. The CITY may elect to provide rental equipment if owned equipment is not available.
5.5 CITY shall provide and pay all registrations and licenses for CITY’s vehicles used in connection with the Project, provided that associated costs are included by OMI in the CITY’s annual budget prepared for the CITY in the budget cycle.
5.6 CITY shall provide for OMI's exclusive use of all vehicles and equipment required for full-time use at the Project, with the understanding that OMI will continue to abide by the CITY’s Vehicle Use Policy. The Vehicle Use Policy does not apply to the vehicles that are provided by OMI. OMI will repair or replace any vehicle or equipment damaged by OMI employees or as a result of OMI negligence.
5.7 CITY shall provide for OMI's entry into existing disposal facilities for wastewater screenings, grit, sludge and scum, including wood chips, to the degree that the CITY has any control over such entry.
5.8 CITY shall provide the Project with appropriate security fencing as required by law to protect against any losses resulting from the theft, damage, or unauthorized use of property owned by CITY and shall accept liability for such losses except to the extent such losses are caused by the neglig...
City’s Duties. CITY agrees to be truthful with FIRM, to cooperate, to keep FIRM informed of any information or developments which may come to CITY’s attention, to abide by this Agreement, to pay FIRM’s bills on time, and to keep FIRM advised of CITY’s address, telephone number, and whereabouts. CITY will assist FIRM in providing necessary information and documents and will appear when necessary at legal proceedings.
