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9. Labor Code/Prevailing Wages. The work performed under this Agreement is a"public work" and prevailing wage laws shall apply.No less than the general prevailing rate of per diem wages,and not less than the general prevailing rate of per diem wages for holidays and overtime work,for each craft, classification or type of worker needed to execute the work under this Agreement shall be paid to all workers, laborers and mechanics,electricians,employed in the execution of the work by the Contractor or any subcontractor doing or contracting to do any part of the work. The appropriate determination of the Director of the California Department of Industrial Relations shall be filed at the City Clerk's Office and available for inspection. Contractor shall post,at each job site, a copy of the prevailing rate of per diem wages. To the extent applicable,Contractor shall comply with all requirements of the California Labor Code, including but not limited to,Labor Code sections: 1773.2(regarding posting wage determinations at each job site); section 1776(regarding the certification,maintenance,and availability for inspection of payroll records); section 1777.5 (regarding employment of apprentices); section 1810(regarding a legal day's work as 8 hours of labor); and section 1775 (regarding penalties for violations).The Contractor shall forfeit fifty dollars($50.00)for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for any public work done under the Agreement by it or by any subcontractor under Contractor. 10. Notices. All notices,demands,requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail,postage prepaid,registered or certified, addressed as hereinafter provided. To Contractor: Vista Universal,Inc. To City: City Manager 2430 American Avenue City of Pleasanton Hayward, CA 94545 P.O.Box 520 Attn: David Schneider Pleasanton,CA 94566 11. Miscellaneous Provisions. a. City may terminate this Agreement at any time by mailing a notice to Contractor. Contractor shall be paid for that portion of work already completed by Contractor as approved by City. b. Contractor acknowledges that time is of the essence regarding the performance of this Agreement. c. Contractor shall not assign or transfer this Agreement. d. If either City or Contractor waives a breach of this Agreement, such waiver shall not constitute a waiver of other or succeeding breaches of this Agreement. e. This Agreement constitutes the entire understanding of the parties. f. This Agreement may only be modified by a writing signed by the authorized representative of both parties. g. Contractor covenants that it has obtained and will keep in effect during the term of the Agreement all certificates, licenses, including a City Business License,permits or the like required by any federal,state or local regulatory agency in order to perform the work under this Agreement. 4