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08
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2022
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090622
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08
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8/31/2022 2:00:49 PM
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8/31/2022 2:00:16 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
9/6/2022
DESTRUCT DATE
15Y
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5. Sufficiency of Consultant's Work. All services of Consultant shall be adequate and <br />sufficient to meet the purposes for which they are required. <br />6. Ownership of Work. Both parties agree that with prior notification, that each <br />party may take photographs of the TVRT participants during tech week (unless enrolled <br />participants advise the City or TVRT that such participants do not want to be photographed, <br />videotaped or otherwise recorded. <br />7. Changes. City may request changes in the scope of services to be provided by <br />Consultant. Any changes and related fees shall be mutually agreed upon between the parties and <br />subject to a written amendment to this Agreement. <br />8. Consultant's Status. In performing the obligations set forth in this Agreement, <br />Consultant shall have the status of an independent contractor and Consultant shall not be <br />considered to be an employee of the City for any purpose. All persons working for or under the <br />direction of Consultant are its agents and employees and are not agents or employees of City. <br />9. Termination for Convenience of Ci The City may terminate this Agreement at <br />any time by mailing a notice in writing to Consultant. The Agreement shall then be deemed <br />terminated and no further services shall be provided by Consultant. If the Agreement is so <br />terminated, the Consultant shall be paid for that percentage of the services actually completed, or <br />ordered and paid for by Consultant, as well as documented expenses incurred by the Consultant <br />at the time the notice of termination is received. <br />10. Nan-Assianabilitv. The Consultant shall not assign, sublet, or transfer this <br />Agreement or any interest or obligation in the Agreement without the prior written consent of the <br />City, and then only upon such terms and conditions as City may set forth in writing. Consultant <br />shall be solely responsible for compensating contractors. <br />11. Indemni - and Hold Harmless. Consultant shall defend, indemnify, and hold <br />harmless, the City and its officers, agents and employees from and against all claims, losses, <br />damage, injury, and liability for damages arising from, or alleged to have arisen from, errors, <br />omissions, negligent or wrongful acts of the Consultant in the performance of its services under <br />this Agreement, regardless of whether the City has reviewed or approved the services which has <br />given rise to the claim, loss, damage, injury or liability for damages. This indemnification shall <br />extend for a reasonable period of time after completion of the Agreement as well as during the <br />period of actual performance of services under this Agreement. The City's acceptance of the <br />insurance certificates required under this Agreement does not relieve the Consultant from its <br />obligation under this paragraph. <br />12. Insurance. During the term of this Agreement, Consultant shall maintain in full <br />force and effect at its own cost and expense the following insurance coverage with insurers with <br />an A.M. Best's rating of no less than A: VII: <br />a. General Liability and Bodily Injury Insurance, Commercial general liability <br />insurance with limits of at least $1,000,000 combined limit for bodily injury and property <br />Page 2 of 5 <br />
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