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recruitment advertising; layoff or termination; rates of pay or other forms of
<br /> compensation; and selection from training, including apprenticeship. .
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<br /> b. Contractor will incorporate the above Affirmative Action provisions in all sub -
<br /> consultants for services covered by. this Agreement.
<br /> B. Minority and Female -owned Business Enterprise. In connection with the performance of this Agreement,
<br /> . Contractor shall comply with the City's current policies and/or use its best efforts to obtain the maximum
<br /> utilization of minority-owned business enterprises based in San Leandro and ensure that minority and
<br /> female -owned enterprises based in San Leandro shall have maximum practicable opportunity for
<br /> subcontractor work under this Agreement.
<br /> C. General Employment Provisions Relating to Handicap/Disability Discrimination. No qualified individual
<br /> with a handicap or disability shall, solely on the basis of such handicap or disability, be subjected to
<br /> discrimination in employment by Contractor.
<br /> D. Reports. Contractor shall provide such reports and/or documents to City demonstrating compliance with
<br /> the terms hereof
<br /> IX. STANDARD OF PERFORMANCE. Contractor shall perform all services required pursuant to this Agreement
<br /> in the manner and according to the standards observed by a competent practitioner of the profession in which
<br /> Contractor is engaged in the geographical area in which Contractor practices its profession. All instruments of
<br /> service of whatsoever nature which Contractor delivers to City pursuant to this Agreement shall be prepared in
<br /> a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by
<br /> a person practicing in Contractor's profession.
<br /> X. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. Contractor shall take all responsibility
<br /> for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subcontractor, to
<br /> • the City, to City officers and employees, or to parties designated by the City, on account of the performance or
<br /> character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or
<br /> passive negligence of the Contractor or of any subcontractor. Contractor shall indemnify, defend and hold
<br /> harmless the City, its officers, officials, directors, employees and agents from and against any or all loss,
<br /> liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and
<br /> description directly or indirectly arising from the performance of the work. This paragraph shall not be
<br /> construed to exempt the City, its employees and officers from its own fraud, willful injury or violation of law
<br /> whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties hereto recognize and
<br /> agree that this agreement is not a construction contract. By execution of this Agreement, Contractor
<br /> acknowledges and agrees that it has read and understands the provisions hereof and that this paragraph is a
<br /> material'element of consideration.
<br /> Approval of the insurance contracts does not relieve the Contractor or subcontractors from liability under this
<br /> paragraph-
<br /> XI. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance
<br /> from another governmental entity, Contractor shall comply with all applicable rules and regulations to which
<br /> City is bound by the terms of such fiscal assistance program.
<br /> XII. DOCUMENTS. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda or other
<br /> written documents or materials prepared by Contractor pursuant to this Agreement shall become the property of
<br /> City upon completion of the work to be performed hereunder or upon termination of the Agreement.
<br /> =COMPLIANCE WITH APPLICABLE LAWS. Contractor shall comply with all laws applicable to the
<br /> performance of the work hereunder, including, but not limited to, laws prohibiting discrimination based on race,
<br /> religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex.
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<br /> Standard Contractual Services Agreement Attachment A
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