(9)AR 042109 AGRMT Clinical Laboratory of San Bernardino, Inc.

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3.2.6 Laboratory's Representative. Laboratory hereby designates Bob Glaubig, Laboratory Director, or his or her designee, to act as its representative for the performance of this Agreement ("Laboratory's Representative"). Laboratory's Representative shall have full authority to represent and act on behalf of the Laboratory for all purposes under this Agreement. The Laboratory's Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.2.7 Coordination of Services. Laboratory agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.2.8 Standard of Care; Performance of Employees. Laboratory shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Laboratory represents and maintains that it is skilled in the professional calling necessary to perform the Services. Laboratory warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Laboratory represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Laboratory shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Laboratory's failure to comply with the standard of care provided for herein. Any employee of the Laboratory or its sub -laboratories who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Laboratory and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.9 Laws and Regulations. Laboratory shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Laboratory shall be liable for all violations of such laws and regulations in connection with Services. If the Laboratory performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Laboratory shall be solely responsible for all costs arising therefrom. Laboratory shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 3.2. 10 Insurance. RVPUB\NGS\529334 3 (BBK revised July 2, 2001)