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Each Contractor entering into a contract with the City that could involve the Contractor's provision of intellectual property to the City must save, keep, hold harmless and fully indemnify the City and any of its officers or agents from all damages, or claims for damages, costs or expenses in law or equity that may at any time arise or be set up for infringement of the patent rights, copyright, trademark or other intellectual property claims of any person in consequence of the use by the City, or any of its officers or agents, of articles to be supplied under such contract and of which the contractor is not the patentee or assignee or has not the lawful right to sell the same.
(Added by Ord. 156-99, File No. 990743, App. 6/2/99)
No contract shall be assigned, except by written instrument executed and approved in the same manner as the original contract, which instrument shall include the signature of the assignee. The Contracting Officer shall notify the Controller in writing of such assignments.
(Added by Ord. 156-99, File No. 990743, App. 6/2/99)
In any contract for Commodities or Services, the Contracting Officer is hereby authorized, with the approval of the City Attorney, to waive future City rights to incidental and consequential damages arising from the performance of the contract, or to agree to limit damages caused by the contractor's negligence to a specified amount. The factors to be evaluated in determining whether damages should be waived or capped in a particular case shall include but are not limited to:
(a) Whether, in light of insurance and bond requirements, the performance of the contract is likely to create undue risk of damages to the City;
(b) Whether the language proposed in the contract waiving future claims to incidental and consequential damages or limiting the contractor's liability for damages caused by the contractors negligence is standard in the industry to which the contract relates;
(c) The best interests of the City.
(Added by Ord. 156-99, File No. 990743, App. 6/2/99)
(Added by Ord. 78-22, File No. 220392, App. 5/20/2022, Eff. 6/20/2022; expired 7/1/2023)
(Former Sec. 21.24 added by Ord. 156-99, File No. 990743, App. 6/2/99; Repealed by Ord. 9-11, File No. 101007, App. 1/7/2011)
Editor’s Note:
Former Sec. 21.24 (“Short-Term Contract Extensions”) expired on 7/1/2023 per the terms of its sunset clause and was removed from the Code at the direction of the Office of the City Attorney.
(a) Procurement. Contracts with a Government Entity are exempt from the solicitation requirements of Chapters 21 and 14B.
(b) Contractor’s Obligations. As set forth in Section 1.25 of this Code, Contracts with a Government Entity are not subject to provisions of the Municipal Code, including but not limited to the Administrative, Labor and Employment, Environment, or Police Codes, imposing obligations or other restrictions on contractors.
(c) Scope. This Section 21.25 applies to all contracts under Chapter 21, however they are titled, including but not limited to any agreement, memorandum of understanding, or similar instrument memorializing mutual obligations between the City and a Government Entity or Government Entities.
(Added by Ord. 107-24, File No. 240301, App. 5/24/2024, Eff. 6/24/2024)
(Former Sec. 21.25 added by Ord. 156-99, File No. 990743, App. 6/2/99; Repealed by Ord. 9-11, File No. 101007, App. 1/7/2011)
(Added by Ord. 222-99, File No. 990877, App. 8/6/99; Repealed by Ord. 9-11, File No. 101007, App. 1/7/2011)
(Added by Ord. 3-03, File No. 021504, App. 1/24/2003; Repealed by Ord. 9-11, File No. 101007, App. 1/7/2011)
(Added by Ord. 76-04, File No. 021505, App. 5/6/2004; Repealed by Ord. 9-11, File No. 101007, App. 1/7/2011)
(Added by Ord. 299-06, File No. 061468, App. 12/12/2006; Ord. 5-07, File No. 061584, App. 1/19/2007; Repealed by Ord. 9-11, File No. 101007, App. 1/7/2011)
(Added by Ord. 169-04, File No. 040540, App. 7/22/2004; Repealed by Ord. 9-11, File No. 101007, App. 1/7/2011)
In the case of any contract for homemaker and chore Services to be awarded pursuant to California Welfare and Institutions Code Sections 12300 et seq., the Purchaser, on the recommendation of the department head concerned and the approval of the board or commission in charge of such department, upon the ground that the public interest would be best served by requiring the inclusion of such provisions in the contract, shall require that each Offeror, as part of its Offer, submit a certified semi-annual audit, and further shall require each offeror to give preference to those homemakers employed under the previous contract to ensure continuity of wages, fringe benefits and seniority rights.
(Added by Ord. 156-99, File No. 990743, App. 6/2/99)
(a) Quantities. Contracts may be made for definite or indefinite quantities of Commodities or Services.
(b) Record Keeping. Any requirements contract shall include a mechanism for maintaining records of all City orders made pursuant to the contract, including inventories of any Commodity subject to a maintenance service agreement.
(Added by Ord. 156-99, File No. 990743, App. 6/2/99)
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