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t <br />(c) General Employment Provisions Relating to Handicap/DisabilityDiscrimination. <br />No qualified individual with a handicap or disability shall, solely on the basis of <br />such handicap or disability, be subjected to discrimination in employment by <br />Contractor. <br />(d) Reports. Contractor shall provide such reports and/or documents to City <br />demonstrating compliance with the terms hereof. <br />9. STANDARD OF PERFORMANCE. Contractor shall perform all services required <br />pursuant to this Agreement in the manner and according to the standards observed by an <br />expert practitioner of the profession in which Contractor is engaged in the geographical <br />area in which Contractor practices its profession. All instruments of service of <br />whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be <br />prepared in a substantial, first class and workmanlike manner and conform to the <br />standards of quality normally observed by a expert practicing in Contractor's profession. <br />10. HOLD HARIVII,ESS AND RESPONSIBILITY OF CONTRACTORS. <br />The Contractor agrees to indemnify and hold harmless the City, City officers and <br />employees, or to parties designated by the City (collectively the City), against any and all <br />damages, liabilities or costs, including reasonable attorney's fees and defense costs, to the <br />extent caused by the Contractor's negligent performance of professional services under <br />this Contractual Services Agreement and that of its subcontractors or anyone for wham <br />the Contractor is legally liable. <br />This paragraph shall not be construed to exempt the City, its employees and officers from <br />its oven fraud, willful injury or violation of law whether willful or negligent. For <br />purposes of Section 2782 of the Civil Code the parties hereto recognize and agree that <br />this agreement is not a construction contract. By execution of this Agreement, Cantractor <br />acknowledges and agrees that it has read and understands the provisions hereof and that <br />this paragraph is a material element of consideration. <br />Approval of the insurance contracts does not relieve the Contractor or subcontractors <br />from liability under this paragraph. <br />11. GOVERNMENTAL REGULATIONS. To the extent that this Agreement maybe funded <br />by fiscal assistance from another governmental entity, Contractor shall comply with all <br />applicable rules and regulations to which City is bound by the terms of such fiscal <br />assistance program. <br />12. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, photographs, <br />memoranda or other written documents or materials prepared by Contractor pursuant to <br />this Agreement shall become the property of City upon completion of the work to be <br />performed hereunder or upon termination of the Agreement. <br />13. COMPLIANCE WITH APPLICABLE LAWS. Contractor shall comply with all laws <br />applicable to the performance of the work hereunder, including, but not limited to, laws <br />Exhibit D Page 5 of 6 <br />6!12/95 rev. Burrell Field Reconfigurarion Stud}+ <br />5/20/97 rev. <br />