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Item 21 - Agreements with National Safety Services, Inc., Ancon Marine, Inc. for Confined Space Rescue Training and Services
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Item 21 - Agreements with National Safety Services, Inc., Ancon Marine, Inc. for Confined Space Rescue Training and Services
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1/27/2025 4:53:29 PM
Creation date
1/16/2025 8:36:25 AM
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City Clerk
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Agenda Packet
Agency
Public Works
Item #
21
Date
1/21/2025
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CITY OF SANTA ANA <br />RFP NO.: 24-028 <br />CONFINED SPACE RESCUE SERVICES AND SAFETY TRAINING <br />Code Section 2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, <br />or willful misconduct of the Consultant. <br />9. INTELLECTUAL PROPERTY INDEMNIFICATION <br />Consultant shall defend, indemnify and hold harmless the City, its officers, agents, <br />representatives, and employees against any and all liability, including costs, and attorney's fees, <br />for infringement of any United States' letters patent, trademark, or copyright contained in the <br />work product or documents provided by Consultant to the City pursuant to this Agreement. <br />10. RECORDS <br />Consultant shall keep records and invoices in connection with the work to be performed under <br />this Agreement. Consultant shall maintain complete and accurate records with respect to the <br />costs incurred under this Agreement and any services, expenditures, and disbursements <br />charged to the City for a minimum period of three (3) years, or for any longer period required by <br />law, from the date of final payment to Consultant under this Agreement. All such records and <br />invoices shall be clearly identifiable. Consultant shall allow a representative of the City to <br />examine, audit, and make transcripts or copies of such records and any other documents created <br />pursuant to this Agreement during regular business hours. Consultant shall allow inspection of <br />all work, data, documents, proceedings, and activities related to this Agreement for a period of <br />three (3) years from the date of final payment to Consultant under this Agreement. <br />11. CONFIDENTIALITY <br />If Consultant receives from the City information which due to the nature of such information is <br />reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not <br />use or disclose such information except in the performance of this Agreement, and further agrees <br />to exercise the same degree of care it uses to protect its own information of like importance, but <br />in no event less than reasonable care. "Confidential Information" shall include all nonpublic <br />information. Confidential information includes not only written information, but also information <br />transferred orally, visually, electronically, or by other means. Confidential information disclosed <br />to either party by any subsidiary and/or agent of the other party is covered by this Agreement. <br />The foregoing obligations of non-use and nondisclosure shall not apply to any information that <br />(a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant <br />disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an <br />obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is <br />independently developed by the Consultant without reference to information disclosed by the <br />City. <br />12. CONFLICT OF INTEREST CLAUSE <br />Consultant covenants that it presently has no interest and shall not have interests, direct or <br />indirect, which would conflict in any manner with performance of services specified under this <br />Agreement. <br />City of Santa Ana RFP 24-028 <br />Confined Space Rescue Services and Safety Training <br />Page 30 <br />
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