SR 06:110 - Laserfiche WebLink

ATTACHMENT A e) Indemnify and Hold Harmless Consultant shall defend, indemnify, and hold harmless, the City and its officers, agents and employees from and against all claims, losses, damage, injury, and liability for damages arising from, or alleged to have arisen from, errors, omissions, negligent or wrongful acts of the Consultant in the performance of its services under this Agreement, regardless of whether the City has reviewed or approved the work or services which has given rise to the claim, loss, damage, injury or liability for damages. This indemnification shall extend for a reasonable period of time after completion of the project as well as during the period of actual performance of services under this Agreement. The City's acceptance of the insurance certificates required under this Agreement does not relieve the Consultant from its obligation under this paragraph. 1) Conformance to Applicable Laws Consultant shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. No discrimination shall be made by Consultant in the employment of persons to work under this contract because of race, color, national origin, ancestry, sex or religion of such person. Prior to the City's execution of this Agreement and prior to the Consultant's engaging in any operation or activity set forth in this Agreement, Consultant shall obtain a City of Pleasanton business license. Consultant shall keep the business license in full force and effect during the term of this Agreement. g) Rights and Remedies of City for Default In the event any item furnished by the vendor in the performance of the agreement or purchase order shall fail to conform to the specifications herewith, the City may reject the same and it shall become the duty of the vendor to reclaim and remove the property, without expense to the City. Additionally, it shall be the duty of said vendor to immediately replace any such rejected items with items conforming to these specifications. Should the vendor fail, refuse or neglect to replace such item, the City shall thereupon have the right to purchase on the open market, in lieu thereof, an item meeting all specifications, and to deduct from any monies due or that thereafter may become due to the vendor, the difference between the price named in the contract or purchase order and the actual costs thereof to the City. IX. Miscellaneous a) Ownership of Proposals Upon delivery, all proposals will become the property of the City of Pleasant on. b) Right to Reject/Modify The City may, at its sole discretion, reject any or all proposals or waive any irregularities without disqualifying the proposal. The issuance of this Request for Proposal does not bind the City to award a service agreement for services described herein. 7 04/05