Agmt08 Roberts and Brune Co. - Laserfiche WebLink

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Instructions to Bidders and General Conditions Specifications Signed Proposal Signed Non-Collusion Affidavit B. There are no Contract Documents other than those listed above in this Part VI. The Contract Documents may only be amended, modified or supplemented as provided in Document General Conditions. VII. INDEMNIFICATION A. Supplier will defend, indemnify and hold harmless City and its officers, agents, employees and volunteers from and against all claims, damages, losses and expenses including attorney fees arising out of the provision of Materials and Supplies and performance of the Services, caused in whole or in part by the willful misconduct or any negligent act or omission of the Supplier, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of City. B. The Parties expressly agree that any reasonable payment, attorney's fee, cost or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of the Agreement. VIII. MISCELLANEOUS A. It is understood and agreed that in no instance is any person, signing this Agreement for or on behalf of City or acting as an employee or representative of City, liable on this Contract, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of City is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. B. In entering into a public contract or a subcontract to supply goods, services or materials pursuant to a public contract, the Supplier or subcontractor irrevocably offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. ~ 15) or under the Cartwright Act, (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time City tenders final payment to the Supplier, without further acknowledgment by the parties. C. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are in the Contract Manual and on file at City's office and shall be made available to any Atty/Agr/2008.054 072808 3