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of such laws and regulations in connection with the Services and this Agreement. All violations
<br />of such laws and regulations shall be grounds for the City to terminate the Agreement for cause.
<br />3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that it
<br />fully complies with all requirements and restrictions of state and federal law respecting the
<br />employment of undocumented aliens, including, but not limited to, the Immigration Reform and
<br />Control Act of 1986, as may be amended from time to time and shall require all subconsultants
<br />and sub-subconsultants to comply with the same. Consultant certifies that it has not committed
<br />a violation of any such law within the five (5) years immediately preceding the date of execution
<br />of this Agreement, and shall not violate any such law at any time during the term of the Agreement.
<br />3.3.10.3 Equal Opportunity Employment. Consultant represents that it is
<br />an equal opportunity employer and it shall not discriminate against any subconsultant, employee
<br />or applicant for employment because of race, religion, color, national origin, handicap, ancestry,
<br />sex or age. Such non-discrimination shall include, but not be limited to, all activities related to
<br />initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or
<br />termination. Consultant shall also comply with all relevant provisions of City's Minority Business
<br />Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in
<br />effect or hereinafter enacted.
<br />3.3.10.4 Air Quality. To the extent applicable, Consultant must fully
<br />comply with all applicable laws, rules and regulations in furnishing or using equipment and/or
<br />providing services, including, but not limited to, emissions limits and permitting requirements
<br />imposed by the South Coast Air Quality Management District (SCAQMD) and/or California Air
<br />Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed
<br />by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable
<br />laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is
<br />responsible under its indemnity obligations provided for in this Agreement.
<br />3.3.10.5 Water Quality Management and Compliance. Consultant shall
<br />keep itself and all subcontractors, staff, and employees fully informed of and in compliance with
<br />all local, state and federal laws, rules and regulations that may impact, or be implicated by the
<br />performance of the Services including, without limitation, all applicable provisions of the City's
<br />ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33
<br />U.S.C. § 1251, et seq.); the California Porter -Cologne Water Quality Control Act (Water Code
<br />§ 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such
<br />authority. Consultant must additionally comply with the lawful requirements of the City, and any
<br />other municipality, drainage district, or other local agency with jurisdiction over the location where
<br />the Services are to be conducted, regulating water quality and storm water discharges. City may
<br />seek damages from Consultant for delay in completing the Services caused by Consultant's
<br />failure to comply with the laws, regulations and policies described in this Section, or any other
<br />relevant water quality law, regulation, or policy.
<br />3.3.10.6 Safety. Consultant shall execute and maintain its work so as to
<br />avoid injury or damage to any person or property. In carrying out its Services, the Consultant
<br />shall at all times be in compliance with all applicable local, state and federal laws, rules and
<br />regulations, and shall exercise all necessary precautions for the safety of employees appropriate
<br />to the nature of the work and the conditions under which the work is to be performed.
<br />-5- PROFESSIONAL SERVICES AGREEMENT
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