Laserfiche WebLink
(g) <br />(h) <br />Subcontractors.Contractor shall include all <br />subcontractors as insureds under its pOlicies or shall <br />furnish separate certificates and endorsements for each <br />subcontractor.All coverages for subcontractors shall <br />be subject to all of the requirements stated herein. <br />The Risk Manager of the City may approve a variation in <br />those insurance requirements upon a determination that <br />the coverages,scope,limits and forms of such <br />insurance are either not commercially available or that <br />the City's interests are otherwise fully protected. <br />5.CONTRACTOR NOT AGENT.Except as City may specify in <br />writing,Contractor shall have no authority,express or implied, <br />to act on behalf of City in any capacity whatsoever as an agent. <br />Contractor shall have no authority,express or implied,pursuant <br />to this Agreement to bind City to any obligation whatsoever. <br />6.ASSIGNMENT PROHIBITED.No party to this Agreement may <br />assign any right or obligation pursuant to this Agreement.Any <br />attempted or purported assignment of any right or obligation <br />pursuant to this Agreement shall be void and of no effect. <br />7.PERSONNEL.Contractor shall assign only competent personnel <br />to perform services pursuant to this Agreement.In the event that <br />City,in its sole discretion,at any tlme during the term of this <br />Agreement,desires the removal of any such persons,Contractor <br />shall,immediately upon receiving notice from city of such desire <br />of city,cause the removal of such person or persons. <br />8.STANDARD OF PERFORMANCE.Contractor shall perform all <br />services required pursuant to this Agreement in the manner and <br />according to the standards observed by a competent practitioner <br />of the profession in which Contractor is engaged in the <br />geographical area in which Contractor practlces his profession. <br />All instruments of service of whatsoever nature which Contractor <br />delivers to City pursuant to this Agreement shall be prepared in <br />a substantial,first class and workmanlike manner and conform to <br />the standards of qualit¥normally observed by a person practicing <br />ln Contractor's professlon. <br />9.HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS.Contractor <br />shall take all responsibility for the work,shall bear all losses <br />and damages directly or indirectly reSUlting to him,to any <br />subcontractor,to the city,to City officers and emplo¥ees,or to <br />parties designated by the City,on account of the negllgent <br />performance or character of the work,of the Contractor or of any <br />subcontractor.Contractor shall indemnify,defend and hold <br />harmless the city,its officers,officials,directors,employees, <br />volunteers and agents from and against any or all loss, <br />liability,expense,claim,costs (inclUding costs of defense), <br />suits,and damages of every kind,nature and description directly <br />or indirectly arising from the negligent performance or character <br />of the work.This paragraph shall not be construed to exempt the <br />City,its employees and officers from its own fraud,willful <br />injury or violation of law whether willful or negligent.For <br />purposes of Section 2782 of the Civil Code the partles hereto <br />recognize and agree that this agreement is not a construction <br />contract.By execution of this agreement Contractor acknowledges <br />10/18/88 Rev.;4/20/89 Rev. <br />1/10/90 Rev.;4/16/90 <br />1/21/92 Rev. <br />Exhibit D <br />Page 4 of 5 <br />790