Agmt23 National Fitness Campaign

Browse Search

REV: 05-17-2023 RL statement showing the effect of any change in the delivery dates and prices; within an additional thirty (30) days, Vendor must supplement the statement with detailed specifications of the adjustment amount and supporting cost figures. Vendor’s failure to submit a statement or supplement within these time limits will constitute its consent to perform the change without increase in price, without claim for material rendered obsolete, and without change in delivery schedules. 14. Business License. Vendor must obtain a City business license, unless Vendor qualifies for an exemption. 15. Discrimination and Harassment Prohibited. Consultant will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 16. Indemnity. Except as to the sole negligence, active negligence or willful misconduct of City, Vendor will defend, indemnify, and hold harmless (collectively, “Indemnify”) City, and its employees, officers, managers, agents and council members (collectively, “Indemnitees”), against and from any loss, damage, claim for damage, liability, expense or cost, including attorneys’ fees (collectively, “Losses”), which arises out of, is related to, or is in any manner connected with the Goods and Services and allegations that the Goods are defective in manufacture or design or allegations that the Goods or Services infringe any patent or other intellectual property right belonging to a third party. Vendor will promptly defend the Indemnitees pursuant to this Section, whether or not applicable claims, allegations, lawsuits or proceedings (collectively, “Proceedings”) have merit or are meritless, and whether or not such Proceedings involve claims or allegations that any of the Indemnitees were actively, passively or concurrently negligent, or which otherwise assert that the Indemnitees are responsible, in whole or in part, for any loss, damage or injury. Vendor agrees to provide this defense immediately upon written notice from City, and with well qualified, adequately insured and experienced legal counsel acceptable to City. The Parties expressly agree that any payment, attorneys’ fees, costs or expense that City incurs or makes to or on behalf of an injured employee under 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. 17. Contract Administration and Notice. This Purchase Agreement shall be administered on behalf of the City by the Chris Beth, Director – Parks, Recreation and Community Services, Any written notice between the Parties shall be sent to: City of Redwood City Attention: Christopher Beth National Fitness Campaign Gloria Cox P.O. Box 2367 ATTY/AGR.2023.110/National Fitness Campaign (National Fitness Court - Redwood Shores) (Page 4 of 10)