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W T O <br />Z��� <br />o� <br />¢a v <br />�"2 <br />F— m <br />UY aU <br />LLJ CO <br />X <br />m <br />OWOm <br />UJ J <br />a Of N <br />O <br />LL = J <br />O U M <br />M <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />and shall include such rates in the bid specifications, contract or subcontract. Such <br />bid specifications, contract or subcontract must contain the following provision: "It <br />shall be mandatory for the contractor to pay not less than the said prevailing rate of <br />wages to all workers employed by the contractor in the execution of this contract. <br />The contractor expressly agrees to comply with the penalty provisions of California <br />Labor Code section 1775 and the payroll record keeping requirements of California <br />Labor Code section 1771." <br />18. ENTIRE AGREEMENT. This Agreement, including all Exhibits, <br />constitutes the entire understanding between the parties and supersedes all other <br />agreements, oral or written, with respect to the subject matter in this Agreement. <br />19. INDEMNITY. <br />A. Consultant shall indemnify, protect and hold harmless City, its <br />Boards, Commissions, and their officials, employees and agents ("Indemnified <br />Parties"), from and against any and all liability, claims, demands, damage, loss, <br />obligations, causes of action, proceedings, awards, fines, judgments, penalties, <br />costs and expenses, arising or alleged to have arisen, in whole or in part, out of or <br />in connection with (1) Consultant's breach or failure to comply with any of its <br />obligations contained in this Agreement, including all applicable federal and state <br />labor requirements including, without limitation, the requirements of California Labor <br />Code section 1770 et seq. or (2) negligent or willful acts, errors, omissions or <br />misrepresentations committed by Consultant, its officers, employees, agents, <br />subcontractors, or anyone under Consultant's control, in the performance of work <br />or services under this Agreement (collectively "Claims" or individually "Claim"). <br />B. In addition to Consultant's duty to indemnify, Consultant shall <br />have a separate and wholly independent duty to defend Indemnified Parties at <br />Consultant's expense by legal counsel approved by City, from and against all <br />Claims, and shall continue this defense until the Claims are resolved, whether by <br />settlement, judgment or otherwise. No finding or judgment of negligence, fault, <br />11 <br />L'Wpp\ClyLaw32\WPDocs\D014\P029\00646762.d0cx 25C-14 <br />