Resolutions - Jersey City

Á1'-ERJCANS WITH DISABILITIES ACT OF 1990Equal Oliportunity fm" Individuals with DisabilityThe contractor and the GEtvl of .Jersey City, New Jersey , (hereafter"owner") do hereby agree that the provisions of Title 11 of the Americans With Disabilities Actof 1990 (the "Act") (42 u.s. C. Sl2l 01 et seq,), which prohibits discrimination on the basis ofdisability by public entities in all services, programs, and activities provided or made available bypublic entities, and the rules and regulations promulgated pursuant there unto, are made a part ofthis contract.In providing any aid, benefit, or service 011 behalf of the owner pursuant to this contract, thecontractor agrees that the perfol'uiiice shall be in strict compliance with the Act.In the event that the contractor, its agents, servants, employees, or subcontractors violate or arealleged to have violated the Actduring the performance ofthis contract, the contractor shalldefend the owner in any action or administrative proceeding conu11eiiced pursuant to this Act.The contractor shall indemnify, protect, and save harmless the owner, its agents, servants, andwhateveremployees from and against any and aU suits, claims, losses, demands, or damages, ofkind or nature arising outaf or claimed to arise out of the alleged violation.The contractor shall, at its own expense, appear, defend, and pay any and all charges for legalservices and any and all costs and other expenses arising from such action or administrativeproceeding or incurred in cOlUlection therewith. In any and all complaints brought pursuant tothe owner's grievance procedure, the coI1tractor agrces to abide by any decision of the ownerwhich is rendered pursuant to said grievance procedure. If any action or administrativeproceeding results in an award of damages against the owner, or ifthc owncr incurs any cxpenseto cure a violation of the ADA which has been 'brought pursuant to its grievance procedure, thecontractor shall satisfy and discharge the same at its own expense,The owner shall, as soon as practicable after a claim has been made against it, give written noticethereof to the contractor along\vith fullaiid complete particulars ofthe claim, lfany action oradministrative proceeding is brought against the owner oi'any of its agents; seivants, andemployees, the owner shall expeditiously forward or have forwarded to the contractor eveiydemand, complaint, notice, summons, pleading, or other process received by the owner or itsi'epresentatives.It is expressly agreed and understood that anyapproval by the owner of the services provided bythe contractor pursuant to this contract wil not relieve the contractor ofthe obligation to complywith the Act and to defend, indemnify, protect, and save harmless the owner pursuant to thispal'graph.It is further agreed and understood that the owner assuiiiesno obligation to indemnif or save. harmless the contractor, its agents, servants, employees and subcontractors for any claim whichmay arise out of their performance of this Agreement.