|
City of Santa Ana
<br />RFP 18-009
<br />Services
<br />0 Appleone
<br />HirinrrB7ade Haman'
<br />Any and all exceptions to the RFP must be listed on an item -by -item basis and cross-referenced with the RFP
<br />document. if there are no exceptions, Proposers must expressly state that no exceptions are taken.
<br />AppleOne submits the following exceptions and proposed changes to Attachment 4: Sample Agreement.
<br />Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing
<br />work performed, subject to City accounting procedures. If there is any dispute regarding Ppayment need
<br />nn.,�rip for work which fails to meet the standards of performance set forth in the Recitals which may
<br />reasonably be expected by City, this can be determined mutually by the parties, through arbitration, or in
<br />a court of law.
<br />a a ZfJ e tion 8. Indemnification
<br />Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees,
<br />contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death,
<br />and claims for property damage, �••"'g. roto the extent caused from the negligent operations of the
<br />Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the
<br />services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this
<br />Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation,
<br />restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events
<br />referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
<br />further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs
<br />for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this
<br />Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief
<br />due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City
<br />may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding
<br />the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
<br />shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or
<br />relate to the negligence, recklessness, or willful misconduct of the Consultant.
<br />If there is any dispute regarding pPayment n^'.,ccd nethp hp made for work which fails to meet the standard
<br />of performance specified in the Recitals of this Agreement, this can be determined mutually by the
<br />parties, through arbitration, or in a court of law.
<br />Use or disclosure of data contained on this sheet is subject to the restriction on the title page of this proposal.
<br />28 February 2018 AppleOne Response to RFP #18-009 P a g e 12
<br />251-39
<br />
|