Agmt 2003 Harris Design (2) - Laserfiche WebLink

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such handicap or disability, be subjected to discrimination in employment by Contractor. (d) Reports. Contractor shall provide such reports and/or documents to City demonstrating compliance with the terms hereof. 9. STANDARD OF PERFORMANCE. Contractor 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 Contractor is engaged in the geographical area in which Contractor practices its profession. All instruments of service of whatsoever nature which Contractor 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 Contractor's profession. 10. HOLD H ARMLESS AND R ESPONSIBILITY O F C ONTRACTORS. The Contractor agrees to indemnify and hold harmless the City, City officers and employees, or to parties designated by the City (collectively the City), against any and all damages, liabilities or costs, including reasonable attorney's frees and defense costs, to the extent caused by the Contractor's negligent performance of professional services under this Contractual Services Agreement and that of its subcontractors or anyone for whom the Contractor is legally liable. 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, Contractor 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 Contractor or subcontractors from liability under this paragraph. 1 L GOVERNMENTAL REGULATIONS. To the extent that this Agreement maybe funded by fiscal assistance from another governmental entity, Contractor shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 12. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of City upon completion of the work t o b e performed hereunder or upon termination of the Agreement. 13. COMPLIANCE WITH APPLICABLE LAWS. Contractor shall comply with all laws applicable to the performance of the work hereunder, including, but not limited to, laws prohibiting discrimination based on race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex. ___ C1~e~rry Grove Park Playground Renovation Page 16 0 2 Contractual Services Agreement Project No. 150-69-195