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8. Nondiscrimination and Eaual Ou�ortunitv. During the performance of <br /> this Agreement, Contraetor shall no# discriminate against any empioyee or applicant for <br /> employment because of race, religion, creed, color, national origin, sex, sexual <br /> orientation or age. <br /> 9. Labar Code Pr+evaiUn�Was�e. To the extent appiicabie, contractor shall <br /> comply with the requirements of the Califomia Labor Code inciuding but not limited to <br /> hours of labor, nondiscrimination, payrotl records, apprentices, workers' compensation <br /> and prevailing wages. No less than the general prevailing rate of per diem wages for <br /> holidays and overtime work, for each craft, classification or type of worker needed to <br /> execute the work under this Agreement shail be paid to all workers, laborers and <br /> mechanics employed in the execu#ion of the work by the Contractor or any <br /> subcontractor doing or contracting to do any part of the work. The appropriate <br /> determination of the Director of the California Department of Industrial Relations shall <br /> be filed with, and available for inspection at the City o�cers. Contractor shall post, at <br /> each job site, a copy of the prevailing rate of per diem wages. The Contractor shall <br /> forFeit fifty dollars ($50.00)for each calendar day or portion thereof for each worker paid <br /> less than the stipulated prevailing rates for any public work done under the Agreement <br /> by it or by any subcontractor under Contra�tor. <br /> 10. Documents. !f applicable, Contractor shall deliver to the City, on request <br /> of the City Manager, copies of atl original pape�s, documents and any uther materials, in <br /> electronic or any other form, prepared by Contractor pursuant to this Agreement. <br /> 11. Licenses. If a license of any kind, which term is intended to include <br /> evidence of registration, is required of Contractor, its employees, agents or <br /> subcontractors by federal or state law, Contractor warrants that such license has been <br /> obtained, is valid and in good standing, and Contractor shafl keep it in effect at al{ times <br /> duri�g the term of this Agreement, and that any applicable bond has been posted in <br /> accordance with all applicable laws and regulations. <br /> 12. Time is of the Essence. Contractor agrees to diligently prosecute the <br /> services to be provided u�der this Agreement to completion and in acxordance with the <br /> schedule specified in Exhibit A. In the perfarmance of this agreement, time is of the <br /> essence. <br /> 13. Termination. This Agreement may be terminated or suspended by the <br /> City upon fifteen (15) days written notice. Upon receipt of such notice from the City, <br /> Contractor shall immediately stop ail work under this Agreement. In the event of <br /> termination by the City, Contractor shall be entitled to payment on a pro rata basis for <br /> the services performed as of the date of termination, to the extent they were performed <br /> in accordance with this Agreement. <br /> 14. Severabilitv. If any term or portion of this Agreement is held to be invalid, <br /> illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining <br /> provisions a#this Agreement shall continue in full force and effect. <br /> REV:O1-26-15 MLG <br /> Page 4 of 6 <br /> ATTY/AGR.2015.016/F'ushup Consulting Co <br />