[Amended 2-12-2013]
Girard Township agrees to snow plow the approximately
five miles of publicly dedicated streets located in Platea Borough,
Erie County, Pennsylvania, which plowing includes providing equipment
and operators to plow said streets. The Borough agrees to pay the
Township an hourly rate, as determined from time to time, for said
snow plowing services. The Township shall bill the Borough at the
conclusion of the 1990-1991 winter season, and the Borough shall pay
the bill within 10 days of receipt thereof.
This agreement ordinance shall be for the 1990-1991 winter season
but may be extended by mutually agreeable resolutions passed by both
the Borough and the Township, which future resolutions may amend the
terms of this agreement, including the hourly rate.
The Borough agrees to indemnify and save harmless the Township
from all claims, damages, expenses, awards, demands, causes of action
at law or in equity, destruction, loss or damage of any kind or character
to persons, property or natural resources, arising out of or in relation
to the condition of the Borough streets or for any failure to supply
such service. The Borough further agrees to reimburse the Township
any expenses, costs or money expended by the Township as a result
of such claim, damage, expense, demand, cause of action, destruction,
loss or damage, including reasonable attorneys' fees.
The Township agrees to indemnify and save harmless the Borough
from all claims, damages, expenses, awards, demands, causes of action
at law or in equity, destruction, loss or damage of any kind or character
to persons, property or natural resources, arising out of or in relation
to the operation of the equipment actually used to plow the Borough
streets.
Each party agrees to provide the other with a copy of their liability insurance policy which provides coverage for the claims referred to in §§
20-3 and
20-4 of this article.
The plowing of the Borough streets shall be
done at the direction of and under the authority of the Girard Township
Roadmaster.
All property and equipment used to plow the
Borough streets shall be acquired, managed, owned and disposed of
by the Township.
The employees operating the equipment shall
be employees of the Township for all purposes, including insurance,
benefits and social security.