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(15)AGRMT 020607 Thompson Coburn LLP
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02/06/2007 6:00 pm
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Agreement/Thompson Coburn
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(15)AGRMT 020607 Thompson Coburn LLP
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Last modified
2/23/2014 6:33:50 AM
Creation date
2/19/2014 11:02:00 PM
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Agenda Item
Item Number
12
Subject (2)
- Request Approval of Professional Services Agreement with Thompson Coburn for the Electric Utility.
Submitted On
2/2/2007
Submitted By
Sabdi Espinoza
Item Title
AGRMT 020607 Thompson Coburn LLP
ATRequest
1281
Status (2)
2
Department
City Clerk
Meeting Date
2/6/2007
Meeting Time
6:00:00 PM
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3.2.6 Consultant's Representative. Consultant hereby designates Bonnie S. <br />Blair, Esq., or her designee, to act as its representative for the performance of this Agreement <br />("Consultant's Representative"). Consultant's Representative shall have full authority to <br />represent and act on behalf of the Consultant for all purposes under this Agreement. The <br />Consultant's Representative shall supervise and direct the Services, using her best skill and <br />attention, and shall be responsible for all means, methods, techniques, sequences and procedures <br />and for the satisfactory coordination of all portions of the Services under this Agreement. <br />3.2.7 Coordination of Services. Consultant agrees to work closely with the City <br />Attorney and City staff in the performance of Services and shall be available to the City <br />Attorney, City's staff, consultants and other staff at all reasonable times. <br />3.2.8 Standard of Care; Performance of Employes. Consultant shall perform <br />all Services under this Agreement in a skillful and competent manner, consistent with the <br />standards generally recognized as being employed by professionals in the same discipline in the <br />State of California. Consultant represents and maintains that it is skilled in the professional <br />calling necessary to perform the Services. Consultant warrants that all employees and <br />subcontractors shall have sufficient skill and experience to perform the Services assigned to <br />them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, <br />permits, qualifications and approvals of whatever nature that are legally required to perform the <br />Services, and that such licenses and approvals shall be maintained throughout the term of this <br />Agreement. As provided for in the indemnification provisions of this Agreement, Consultant <br />shall perform, at its own cost and expense and without reimbursement from the City, any <br />services necessary to correct errors or omissions which are caused by the Consultant's failure to <br />comply with the standard of care provided for herein. Any employee of the Consultant or its <br />sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the <br />adequate or timely completion of the Services, or a threat to the safety of persons or property, or <br />any employee who fails or refuses to perform the Services in a manner acceptable to the City, <br />shall be promptly removed by the Consultant and shall not be re-employed to perform any of the <br />Services. <br />3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and <br />in compliance with all local, state and federal laws, rules and regulations in any manner affecting <br />the performance of the Services and shall give all notices required by law. Consultant shall be <br />liable for all violations of such laws and regulations in connection with Services. If the <br />Consultant performs any work knowing it to be contrary to such laws, rules and regulations and <br />without giving written notice to the City, Consultant shall be solely responsible for all costs <br />arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, <br />officers, employees and agents free and harmless, pursuant to the indemnification provisions of <br />this Agreement, from any claim or liability arising out of any failure or alleged failure to comply <br />with such laws, rules or regulations. <br />3.2. 10 Insurance. <br />3.2.10.1 Time for Compliance. Consultant shall promptly provide <br />evidence satisfactory to the City that it has secured all insurance required under this section. <br />3 <br />ORANGE\MCONZELMAN\30985.1 <br />
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