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BellevilleGreen Risk

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Americans with Disabilities Act of 1990 – Appendix A

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Executive Summary

This document, Appendix A, outlines the contractor's obligations regarding the Americans with Disabilities Act of 1990 (ADA) when performing services for the Township of Belleville. It mandates strict compliance with Title II of the ADA, requiring the contractor to defend and indemnify the Township against any claims, losses, demands, or damages arising from alleged ADA violations during the contract's performance. The contractor is responsible for all legal costs and expenses associated with such actions, including satisfying any damage awards against the Township or expenses incurred to cure ADA violations resulting from their performance. The appendix clarifies that Township approval of services does not relieve the contractor of their ADA compliance duties or indemnification responsibilities. It explicitly states that the Township assumes no obligation to indemnify the contractor and that these indemnification clauses do not limit the contractor's other contractual obligations or liabilities. This is a standard legal clause for municipal contracts.

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Document Text

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