25D - RFP AND AGMT - PARKING STRUCTURE OPERATOR

Home Browse Search

audio and visual, anywhere on the Parking Facilities to monitor operations and procedures for security purposes. No further notice of installation shall be given to the Operator. 32. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Operator, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Operator. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Operator nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 33. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Operator shall carry out all services pursuant to this Agreement in substantial conformity with all applicable laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the United States, the State of California, the County of Orange, the City, and of any other political subdivision, agency. or instrumentality exercising jurisdiction over the City, including all applicable federal. state, and local occupation, safety and health laws. rules, regulations and standards, applicable state and labor standards. prevailing wage requirements, the City zoning and development standards, City permits and approvals. building, plumbing, mechanical and electrical codes, as they map apply, and all other provisions of the City and its Municipal Code (as they may apply), and all applicable disabled and handicapped access requirements. including, without limitation, the Americans With Disability Act, 42 U.S.C. § 12101 et seq., Government Code § 4450 et seq.. and the Unruh Civil Rights Act, Civil Code § 51 et seq. 34. MISCELLANEOUS A. Survival of Provisions. If any part of this Agreement is for any reason found to be unenforceable, all other parts nevertheless remain enforceable. B.. This Agreement binds an inures the benefit of the parties and their respective successors. C. Time of the Essence. Time is of the essence regarding this Agreement. D. Agreement Organization. The various heading and numbers herein, the 28 25D-58