|
operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting
<br />on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any
<br />claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by
<br />reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless
<br />agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief
<br />suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason
<br />of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold
<br />harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be
<br />selected by the City, regarding any action by a third, party asserting that personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of
<br />the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect
<br />to its representation in any legal proceeding.
<br />9. COMPLIANCE WITIi APPLICABLE LAWS AND REGULATIONS
<br />a. Consultant shall perform all requirements under this Agreement in strict observance of and in
<br />compliance with all applicable environmental, traffic, safety and any other laws, regulations,
<br />ordinances, codes and any other legislative or statutory requirements.
<br />b. Consultant certifies that it shall comply with the following regulations, as required by the
<br />Highway Bridge Rehabilitation and Rehabilitation (HBRR):
<br />Audit Records - With respect to all matters covered by this Agreement all records shall
<br />be made available for audit and inspection by the City, the grant agency and/or their duly
<br />authorized representatives for a period of four (4) years from the termination of this
<br />Agreement or for a period of three years after final delivery hereunder or until all claims
<br />related to this Agreement are finally settled, whichever is later, Consultant shall preserve
<br />and maintain all documents, papers and records relevant to the services provided in
<br />accordance with this Agreement, including the Attachments hereto. For the same time
<br />period, Consultant shall make said documents, papers and records available to City and
<br />the agency from which City received grant funds or their duly authorized
<br />representative(s), for examination, copying, or mechanical reproduction on or off the
<br />premises of Consultant, upon request during usual working hours.
<br />ii. Consultant shall provide to City all records and information requested by City for
<br />inclusion in quarterly reports and such other reports or records as City may be required to
<br />provide to the agency from which City received grant funds or other persons or agencies,
<br />iii, Section 504 of the Rehabilitation Act of 1973 (Handicapped) - All recipients of federal
<br />funds must comply with Section 504 of the Rehabilitation Act of 1973 (The Act).
<br />Therefore, the federal funds recipient pursuant to the requirements of The Act hereby
<br />gives assurance that no otherwise qualified handicapped person shall, solely by reason of
<br />handicap be excluded from the participation in, be denied the benefits of or be subject to
<br />discrimination, including discrimination in employment, in any program or activity that
<br />receives or benefits from federal financial assistance. The Consultant agrees it will ensure
<br />that requirements of The Act shall be included in the Agreements with and be binding on
<br />all of its contractors, subcontractors, assignees or successors.
<br />iv. Americans with Disabilities Act of 1990 - (ADA) Consultant must comply with all
<br />requirements of the Americans with Disabilities Act of 1990 (ADA), as applicable.
<br />v. Political Activity - None of the funds, materials, property, or services provided directly or
<br />25C -6
<br />
|