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Agmt 2015 eLock Technologies LLC
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Agmt 2015 eLock Technologies LLC
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Last modified
5/20/2015 3:30:59 PM
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5/20/2015 3:30:57 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
5/18/2015
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PERM
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Reso 2015-093
(Approved by)
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\City Clerk\City Council\Resolutions\2015
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Contractor is not liable to the claimant. The Contractor must respond within 30 days,to the tender of any <br /> claim for defense and indemnity by the City, unless this time has been extended by the City. If the <br /> Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any <br /> other remedy authorized by law, so much of the money due the Contractor under and by virtue of this <br /> Agreement as shall reasonably be considered necessary by the City, may be retained by the City until <br /> disposition has been made of the claim or suit for damages,or until the Contractor accepts or rejects the <br /> tender of defense,whichever occurs first. <br /> Notwithstanding the forgoing,to the extent this Agreement is a construction contract"as defined by <br /> California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to <br /> indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782. <br /> In the event that Contractor or any employee, agent,or subcontractor of Contractor providing services <br /> under this Agreement is determined by a court of competent jurisdiction or the California Public Employees <br /> Retirement System(PERS)to be eligible for enrollment in PERS as an employee of City, Contractor shall <br /> indemnify,defend, and hold harmless City for the payment of any employee and/or employer contributions <br /> for PERS benefits on behalf of Contractor or its employees, agents,or subcontractors, as well as for the <br /> payment of any penalties and interest on such contributions,which would otherwise be the responsibility of <br /> City. <br /> Section 6. STATUS OF CONTRACTOR. <br /> 6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall <br /> be an independent contractor and shall not be an employee of City. City shall have the <br /> right to control Contractor only insofar as the results of Contractor's services rendered <br /> pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; <br /> however, otherwise City shall not have the right to control the means by which Contractor <br /> accomplishes services rendered pursuant to this Agreement. Notwithstanding any other <br /> City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor <br /> and any of its employees, agents, and subcontractors providing services under this <br /> Agreement shall not qualify for or become entitled to, and hereby agree to waive any and <br /> all claims to, any compensation, benefit, or any incident of employment by City, including <br /> but not limited to eligibility to enroll in the California Public Employees Retirement System <br /> (PERS)as an employee of City and entitlement to any contribution to be paid by City for <br /> employer contributions and/or employee contributions for PERS benefits. <br /> 6.2 Contractor Not an Agent. Except as City may specify in writing, Contractor shall have no <br /> authority, express or implied,to act on behalf of City in any capacity whatsoever as an <br /> agent. Contractor shall have no authority,express or implied, pursuant to this Agreement <br /> to bind City to any obligation whatsoever. <br /> Section 7. LEGAL REQUIREMENTS. <br /> 7.1 Governing Law. The laws of the State of California shall govern this Agreement. <br /> Non-Professional Services Agreement between SL BART Bike eLocker <br /> City of San Leandro and eLock Technologies LLC. Page 8 of 14 <br />
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