Agmt 2008 Spectrum Community Services

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in San Leandro shall have maximum practicable opportunity for subcontractor work under this Agreement. (b) General Employment Provisions Relating to Handicap/Disability Discrimination. No qualified individual with a handicap or disability shall, solely on the basis of such handicap or disability, be subjected to discrimination in employment by Participant. (c) Reports. Participant shall provide such reports and/or documents to City demonstrating compliance with the terms hereof. 10. STANDARD OF PERFORMANCE. Participant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Participant is engaged in the geographical area in which Participant practices its profession. All instruments of service of whatsoever nature which Participant delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Participant's profession. 11. HOLD HARMLESS AND RESPONSIBILITY OF PARTICIPANTS. Participant shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him/her, to any subcontractor, to the City, to City officers and employees, or to parties designated by the City, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Participant or of any subcontractor. Participant shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the performance of the work. This paragraph shall not be construed to exempt the City, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that this agreement is not a construction contract. By execution of this Agreement, Participant acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the Participant or subcontractors from liability under this paragraph. 12. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Participant shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 13. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Participant pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of the Agreement. 14. COMPLIANCE WITH APPLICABLE LAWS. Participant shall comply with all laws applicable to the performance of the work hereunder, including, but not limited to, laws prohibiting discrimination based on Fiscal Year 08-09 E-5 `