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15 ATTACHMENT 1-4
City of Pleasanton
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2008
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030408
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15 ATTACHMENT 1-4
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2/29/2008 3:59:48 PM
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2/29/2008 9:35:42 AM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
3/4/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
15 ATTACHMENT 01-04
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5. CONSULTANT CONTRACTS AND THE CONTRACT <br />ADMINISTRATOR <br />(a) As of the effective date of this Agreement, the Contract Administrator is <br />Zone 7. The Contract Administrator will enter into contracts on behalf of the Funding <br />Partners represented on the Steering Committee with consultant(s) selected by the <br />Steering Committee to achieve the purposes of this Agreement. At any time, the Steering <br />Committee may appoint a new Contract Administrator and the consultant agreement(s) <br />entered into by the then-existing Contract Administrator will be assigned to the new <br />Contract Administrator, without amending this Agreement. Upon the appointment of a <br />new Contract Administrator and the assignment of the consultant contract(s), the prior <br />Contract Administrator will be relieved from any and all further responsibility, obligation <br />andlor liabilities as the Contract Administrator under such contract(s) and will be entitled <br />to payment from the Funding Partners represented on the Steering Committee for all <br />costs and expenses incurred up to the point of contract assignment(s). <br />(b) The Contract Administrator will only enter into contracts that are consistent <br />with this Agreement and have been approved by the Steering Committee. The EACCS <br />Coordinator shall manage and direct the consultants retained by the Contract <br />Administrator. The Contract Administrator will not provide direction to the consultants <br />that are inconsistent with or in addition to the direction given by the EACCS Coordinator. <br />(c) In the event the Contract Administrator must hire counsel to prosecute or <br />defend any claim, liability or cause of action resulting from or arising out of the contract, <br />the Contract Administrator shall suggest to the Steering Committee the Contract <br />Administrator's preference for counsel for and in such action. The Steering Committee <br />shall select and approve that counsel or other counsel suggested by another Funding <br />Partner represented on the Steering Committee to act as counsel for such action. Prior to <br />or concurrent with the selection of counsel by the Steering Committee, a Litigation <br />Agreement among the Funding Partners represented on the Steering Committee shall be <br />negotiated. The Litigation Agreement shall include but not be limited to terms <br />establishing (1) the respective roles and rights of the Contract Administrator and the <br />Funding Partners represented on the Steering Committee, (2) the process for decision <br />making, (3) management of counsel, (4) the legal budget, (5) monetary contributions of <br />
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