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Contractor delivers to City pursuant to this Agreement shall be prepared in a substantial, first
<br /> class and workmanlike manner and conform to the standards of quality normally observed by a
<br /> person practicing in Contractor's profession.
<br /> 10. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. Contractor shall take all
<br /> responsibility for the work, shall bear all losses and damages directly or indirectly resulting to
<br /> him, to any subcontractor, to the City,to City officers and employees, or to parties designated by
<br /> the City,resulting from or arising out of any negligent act, error or omission,negligence,
<br /> wrongful conduct, or other action by CONSULTANT or any of CONSULTANT's officers,
<br /> agents, employees, representatives, sub consultants, or subcontractors in connection with or in
<br /> the performance of this Agreement. Contractor shall indemnify, defend and hold harmless the
<br /> 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,
<br /> nature and description directly or indirectly resulting from or arising out of any negligent act,
<br /> error or omission, negligence, wrongful conduct, or other action by CONSULTANT or any of
<br /> CONSULTANT's officers, agents, employees, representatives, sub consultants, or
<br /> subcontractors in connection with or in the performance of this Agreement This paragraph shall
<br /> not be construed to exempt the City, its employees and officers from its own fraud, willful injury
<br /> or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code,
<br /> the parties hereto recognize and agree that this agreement is not a construction contract. By
<br /> execution of this Agreement, Contractor acknowledges and agrees that it has read and
<br /> understands the provisions hereof and that this paragraph is a material element of consideration.
<br /> Approval of the insurance contracts does not relieve the Contractor or subcontractors from
<br /> liability under this paragraph.
<br /> 11. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by
<br /> fiscal assistance from another governmental entity, Contractor shall comply with all applicable
<br /> rules and regulations to which City is bound by the terms of such fiscal 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 this
<br /> Agreement shall become the property of City upon completion of the work to be performed
<br /> hereunder or upon termination of the Agreement.
<br /> 13. COMPLIANCE WITH APPLICABLE LAWS. Contractor shall comply with all laws applicable
<br /> to the performance of the work hereunder, including,but not limited to, laws prohibiting
<br /> discrimination based on race,religious creed, color, national origin, ancestry,physical handicap,
<br /> medical condition, marital status or sex.
<br /> 14. USE OF RECYCLED PRODUCTS. Contractors shall prepare and submit all reports,written
<br /> studies and other printed material on recycled paper to the extent it is available at equal or less
<br /> cost than virgin paper.
<br /> Contractual Services Agreement Page 14 of 15
<br /> CHS Consulting Group
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