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limited to hours of labor, nondiscrimination, payroll records, apprentices, workers'
<br />compensation and payment of prevailing wages as determined by Director of the
<br />California Department of Industrial Relations. Consultant shall post, at each job site,
<br />a copy of the prevailing rate of per diem wages. Consultant shall forfeit fifty dollars
<br />($50.00) for each calendar day or portion thereof for each worker paid less than the
<br />stipulated prevailing rates for any public work done under the Agreement by it or by
<br />any subconsultant.
<br />11. Termination of Convenience of City. The City may terminate this
<br />Agreement at any time by mailing a notice in writing to Consultant. The Agreement
<br />shall then be deemed terminated and no further work shall be performed by
<br />Consultant. If the Agreement is so terminated, the Consultant shall be paid for that
<br />percentage of the work actually completed at the time the notice of termination is
<br />received.
<br />12. Non-Assignability. The Consultant shall not assign, sublet, or transfer
<br />this Agreement or any interest or obligation in the Agreement without the prior
<br />written consent of the City, and then only upon such terms and conditions as City may
<br />set forth in writing. Consultant shall be solely responsible for reimbursing
<br />subconsultants.
<br />13. Indemnity and Hold Harmless. To the fullest extent permitted by law
<br />(including, without limitation, California Civil Code §§ 2782 and 2782.6), Consultant
<br />shall defend (with legal counsel reasonably acceptable to the City), indemnify, and
<br />hold harmless, the City and its officers, agents and employees (collectively
<br />"Indemnitees") from and against any and all claims, loss, cost, damage, injury
<br />(including, without limitation, injury to or death of an employee of Consultant or its
<br />Subconsultants), expense, and liability of every kind, nature and description
<br />(including, without limitation, incidental and consequential damages, court costs,
<br />attorneys' fees, litigation expenses and fees of expert consultants or expert witnesses
<br />incurred in connection therewith and costs of investigation) arising from, or alleged to
<br />have arisen from, pertain to, or relate to, directly or indirectly, in whole or in part,
<br />the negligence, reckless, or willful misconduct of the Consultant, any Subconsultant,
<br />anyone directly or indirectly employed by them, or anyone that they control
<br />(collectively "Liabilities") in the performance of its services under this Agreement,
<br />regardless of whether the City has reviewed or approved the work or services which
<br />has given rise to the claim, loss, cost, damage, injury or liability for damages. This
<br />indemnification shall extend for a reasonable period of time after completion of the
<br />project as well as during the period of actual performance of services under this
<br />Agreement. The City's acceptance of the insurance certificates required under this
<br />Agreement does not relieve the Consultant from its obligation under this paragraph.
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