Agmt 2000 City of Oakland Port Commissioners

Home

are treated during employment, without regard to their race, color, religion, handicap disability as defined by the Americans with Disabilities Act of 1990, sex, sexual orientation age, or national origin. Such action shall include but not be limited to the following: employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection from training, including apprenticeship. b. Port will incorporate the above Equal Opportunity provisions in all sub - consultants for services covered by this Agreement. (b) General Employment Provisions Relating to Handicap/Disability Discrimination. No qualified individual with a handicap or disability as defined by Americans with Disabilities Act of 1990, shall, solely on the basis of such handicap or disability, be subjected to discrimination in employment by Port. (c) Reports. Port shall provide such reports and /or documents to City demonstrating compliance with the terms hereof. 9. STANDARD OF PERFORMANCE. Port 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 Port is engaged in the geographical area in which Port practices its profession. All instruments of service of whatsoever nature which Port 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 as a registered California Land Surveyor. 10. HOLD HARMLESS AND RESPONSIBILITY OF PORT. Port shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, 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 negligence of the Port or of any subcontractor. Port 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, Port 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 Port from liability under this paragraph. Exhibit D Page 5 of 6 6/12/95 rev. 5/20/97 rev. L \WPD1Forms\Agrc\ExhibitO.W61