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CONTRACT ISSUES <br />We have carefully reviewed the sample Consultant Agreement attached to the City's Request for <br />Proposal and respectfully request the City consider the following modifications: <br />1. Agreement: Item 8: Indemnification <br />Tetra Tech: Request revision of the following sentence, "Consultant shall <br />indemnify and hold harmless the City, its officersagents, employees, contractors, special counsel, <br />and representatives from liability: (1) for personal injury, damages, just compensation, restitution, <br />judicial or equitable relief arising out of claims for personal injury, including death, and claims for <br />property damage, to the extent caused by the negligent operations of the <br />Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which <br />relates to the services described in section 1 of this Agreement: an^ 2 f n�i <br />of the Amm-s -of -or effeGts a4sing Aem this Agreement This indemnity and hold harmless agreement <br />applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, <br />or alleged to have been suffered, by reason of the events referred to in this Section or by reason of <br />n Hnm this AgreementThe Gonn..ttnnt f..rther agFees t d 'F <br />a4sing ftFn this Agmem nt City may make all reasonable decisions with respect to its <br />representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's <br />services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the <br />extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the <br />negligence, recklessness, or willful misconduct of the Consultant." <br />2. Agreement: Item 16: Termination <br />Tetra Tech: Request addition of the following sentence, " <br />on the Protect upon seven (7) days written notice in I <br />TETRA TECH <br />Page 118 <br />