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best efforts to obtain the maximum utilization of minority-owned business enterprises <br />based in San Leandro and ensure that minority and female-owned enterprises based in <br />San Leandro shall have maximum practicable opportunity for subcontractor work under <br />this Agreement. <br />(c) General Employment Provisions Relating to Handicap/Disability Discrimination. No <br />qualified individual with a handicap or disability shall, solely on the basis of such <br />handicap or disability, be subjected to discrimination in employment by Contractor. <br />9. STANDARD OF PERFORMANCE. Contractor shall perform all services <br />required pursuant to this Agreement in the manner and according to the standards <br />observed by a competent practitioner of the profession in which Contractor is <br />engaged in the geographical area in which Contractor practices its profession. All <br />instruments of service of whatsoever nature which Contractor delivers to City <br />pursuant to this Agreement shall be prepared in a substantial, first class and <br />workmanlike manner and conform to the standards of quality normally observed <br />by a person practicing in Contractor's profession. <br />10. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. <br />Contractor shall take all responsibility for the work, shall bear all losses and <br />damages directly or indirectly resulting to him, to any subcontractor, to the City, <br />to City officers and employees, or to parties designated by the City, on account of <br />the performance or character of the work, unforeseen difficulties, accidents, <br />occurrences or other causes predicated on active or passive negligence of the <br />Contractor or of any subcontractor. Contractor shall indemnify, defend and hold <br />harmless the City, its officers, officials, directors, employees and agents from and <br />against any or all loss, liability, expense, claim, costs (including costs of defense), <br />suits, and damages of every kind, nature and description directly or indirectly <br />arising from the performance of the work. This paragraph shall not be construed <br />to exempt the City, its employees and officers from its own fraud, willful injury or <br />violation of law whether willful or negligent. For purposes of Section 2782 of the <br />Civil Code the parties hereto recognize and agree that this agreement is not a <br />construction contract. By execution of this Agreement, Contractor acknowledges <br />and agrees that it has read and understands the provisions hereof and that this <br />paragraph is a material element of consideration. <br />Approval of the insurance contracts does not relieve the Contractor or <br />subcontractors from liability under this paragraph. <br />11. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be <br />funded by fiscal assistance from another governmental entity, Contractor shall <br />comply with all applicable rules and regulations to which City is bound by the <br />terms of such fiscal assistance program. <br />Exhibit D Page 5 of 6 <br />6/12/95 rev. FIRE STATION I 1 - CATALINA <br />5/20/97 rev. <br />