City Council Agenda and Packet 2009 10 06

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subcontractor of the Contractor, or any officer, employee, or agent of the Contractor or any subcontractor, or any other person for whom Contractor is responsible. The Contractor shall investigate, handle, respond to, and provide defense for and defend against any such liability, claims, and demands. The Contractor shall further bear all other costs and expenses incurred by the City or Contractor and related to any such liability, claims and demands, including but not limited to court costs, expert witness fees and attorneys' fees if the court determines that these incurred costs and expenses are related to such negligent acts, errors, and omissions or other fault of the Contractor. The City shall be entitled to its costs and attorneys' fees incurred in any action to enforce the provisions of this Section 8.0. The Contractor's indemnification obligation shall not be construed to extend to any injury, loss, or damage which is caused by the act, omission, or other fault of the City. The provisions of this Section shall survive termination of this Agreement. 9.0 STANDARDS OF PERFORMANCE 9.1 All work shall be performed by this Agreement in a good and workmanlike manner and in accordance with all applicable specifications. The Contractor shall provide regular and systematic inspections by the Contractor's supervisory personnel of all premises on which the services are to be provided to assure high quality work by the Contractor's employees and any other person utilized by Contractor in the performance of services. In the event that deficiencies are noted by the City, the Contractor agrees to remedy such deficiencies at no additional cost to the City within 24 hours after verbal notification of such deficiency or a later time as designated or agreed to by the City in writing. Any verbal notification of deficiency will be confirmed by a written notice of the same and mailed or emailed to the Contractor or delivered to the manager of the site. 9.2 If the Contractor fails to remedy any deficiency, it shall be in default of this Agreement. The City may, at its option, correct the deficiency, default or breach by any means available to it, and deduct the costs of such corrective action from the monies due the Contractor without terminating this Agreement, or terminate this Agreement as set forth in paragraph 14. 9.3 This Agreement provides for services on the following days of the week: Sunday through Saturday. The work herein shall be performed during the hours specified and established for the Contractor by the City. 9.4 Contractor shall supply at its expense all tools, equipment, cleaning materials and cleaning supplies required for the full and complete performance of all work and services. City payment for supplies shall be limited to the City consumables expressly listed in Exhibit A. 5