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Cesar Vargas and Associates
<br />Page 4 of 16
<br />Services, including all Cal /OSHA requirements, and shall give all notices required by
<br />law. Consultant shall be liable for all violations of such laws and regulations in
<br />connection with Services. If the Consultant performs any work knowing it to be contrary
<br />to such laws, rules and regulations and without giving written notice to the City,
<br />Consultant shall be solely responsible for all costs arising therefrom. Consultant shall
<br />defend, indemnify and hold City, its officials, directors, officers, employees and agents
<br />free and harmless, pursuant to the indemnification provisions of this Agreement, from
<br />any claim or liability arising out of any failure or alleged failure to comply with such laws,
<br />rules or regulations.
<br />3.2.10.1 Employment Eligibility: Consultant. By executing this
<br />Agreement, Consultant verifies that it fully complies with all requirements and
<br />restrictions of state and federal law respecting the employment of undocumented aliens,
<br />including, but not limited to, the Immigration Reform and Control Act of 1986, as may be
<br />amended from time to time.
<br />3.2.10.2 [Intentionally left blank]
<br />3.2.10.3 [Intentionally left blank]
<br />3.2.10.4 Labor Certification. By its signature hereunder,
<br />Consultant certifies that it is aware of the provisions of Section 3700 of the California
<br />Labor Code which require every employer to be insured against liability for Workers'
<br />Compensation or to undertake self- insurance in accordance with the provisions of that
<br />Code, and agrees to comply with such provisions before commencing the performance
<br />of the Services.
<br />3.2.10.5 Equal Opportunity Employment. Consultant
<br />represents that it is an equal opportunity employer and it shall not discriminate against
<br />any subconsultant, employee or applicant for employment because of race, religion,
<br />color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall
<br />include, but not be limited to, all activities related to initial employment, upgrading,
<br />demotion, transfer, recruitment or recruitment advertising, layoff or termination.
<br />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
<br />currently in effect or hereinafter enacted.
<br />(B) Liability for Non - compliance. Failure to comply with
<br />the laws, regulations and policies described in this Section is a violation of law that may
<br />subject Consultant or City to penalties, fines, or additional regulatory requirements.
<br />Consultant shall defend, indemnify and hold the City, its directors, officials, officers,
<br />employees, volunteers and agents free and harmless, pursuant to the indemnification
<br />provisions of this Agreement, from and against any and all fines, penalties, claims or
<br />other regulatory requirements imposed as a result of Consultant's non - compliance with
<br />the laws, regulations and policies described in this Section, unless such non - compliance
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