Springfield Free Public Library/Township of Springfield
<br />APPENDIX A
<br />AMERICANS WITH DISABILITIES ACT OF 1990
<br />Equal Opportunity for Individuals with Disability
<br />The contractor and the staff of the Springfield Free Public Library, (hereafter "owner ") do hereby agree
<br />that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the "Act ") (42 U.S.C
<br />S121 01 et seq.), which prohibits discrimination on the basis of disability by public entities in all
<br />services, programs, and activities provided or made available by public entities, and the rules and
<br />regulations promulgated pursuant there unto, are made a part of this contract. In providing any aid,
<br />benefit, or service on behalf of the owner pursuant to this contract, the contractor agrees that the
<br />performance shall be in strict compliance with the Act. In the event that the contractor, its agents,
<br />servants, employees, or subcontractors violate or are alleged to have violated the Act during the
<br />performance of this contract, the contractor shall defend the owner in any action or administrative
<br />proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless
<br />the owner, its agents, servants, and employees from and against any and all suits, claims, losses,
<br />demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged
<br />violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal
<br />services and any and all costs and other expenses arising from such action or administrative proceeding
<br />or incurred in connection therewith. In any and all complaints brought pursuant to the owner's grievance
<br />procedure, the contractor agrees to abide by any decision of the owner which is rendered pursuant to said
<br />grievance procedure. If any action or administrative proceeding results in an award of damages against
<br />the owner, or if the owner incurs any expense to cure a violation of the ADA which has been brought
<br />pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own
<br />expense.
<br />The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof
<br />to the contractor along with full and complete particulars of the claim, If any action or administrative
<br />proceeding is brought against the owner or any of its agents, servants, and employees, the owner shall
<br />expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons,
<br />pleading, or other process received by the owner or its representatives.
<br />It is expressly agreed and understood that any approval by the owner of the services provided by the
<br />contractor pursuant to this contract will not relieve the contractor of the obligation to comply with the
<br />Act and to defend, indemnify, protect, and save harmless the owner pursuant to this paragraph.
<br />It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless
<br />the contractor, its agents, servants, employees and subcontractors for any claim which may arise out of
<br />their performance of this Agreement. Furthermore, the contractor expressly understands and agrees that
<br />the provisions of this indemnification clause shall in no way limit the contractor's obligations assumed in
<br />this Agreement, nor shall they be construed to relieve the contractor from any liability, nor preclude the
<br />owner from taking any other actions available to it under any other provisions of the Agreement or
<br />otherwise at law.
<br />C:IProgram FileslNeevia.ComlDocument ConverterltemplPDFConvert .3395.1.Springfield Free iLS RFP March
<br />2010. doc 23
<br />Attachment number 2
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