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6.1.G. - Page 9
<br />8. License and Registration Requirements. This Project requires a valid California
<br />contractor's license for the following classification (s): C21, C22, and ASB. This
<br />Agreement is contingent upon proof that Contractor and its subcontractors are registered
<br />with the California Department of Industrial Relations ("DIR") to perform public work under
<br />Labor Code Section 1725.5, subject to limited legal exceptions.
<br />9. Labor Code and Prevailing Wage Requirements. This Agreement is subject to all
<br />applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including
<br />requirements pertaining to wages, working hours and workers' compensation insurance.
<br />This Project is subject to the prevailing wage requirements applicable to the locality in
<br />which the Services are to be performed for each craft, classification or type of worker
<br />needed to perform the Services, including employer payments for health and welfare,
<br />pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates
<br />are available online at htti)://www.dir.ca.gov/DLSR.
<br />10. Workers' Compensation Certification. Under Labor Code Section 1861, by signing
<br />this Agreement, Contractor certifies as follows: "I am aware of the provisions of Section
<br />3700 of the Labor Code which require every employer to be insured against liability for
<br />workers' compensation or to undertake self-insurance in accordance with the provisions
<br />of that code, and I will comply with such provisions before commencing the performance
<br />of the work of this Contract."
<br />11. Indemnitv. To the fullest extent permitted by law, Contractor shall indemnify,
<br />defend, and hold harmless City, its officers, employees, agents and Contractors,
<br />(individually, an "Indemnitee," and collectively the "Indemnitees") from and against any
<br />and all liability, loss, damage, claims, expenses (including, without limitation, attorney
<br />fees, expert witness fees, paralegal fees, and fees and costs of litigation or arbitration)
<br />(collectively, "Liability") of every nature arising out of or in connection with (a) the acts or
<br />omissions of Contractor, its employees, subcontractors, representatives, or agents, in
<br />bidding or performing the Services or its failure to comply with any of its obligations under
<br />the Agreement, (b) the equipment provided under this Agreement, including without
<br />limitation, any allegations that such equipment is defective in manufacture or design; or
<br />(c) any patent or other intellectual property right related to any equipment provided or
<br />work performed under this Agreement, including, without limitation, any source code
<br />provided to City. The forgoing shall not apply to any Liability caused by the active
<br />negligence, sole negligence, or willful misconduct of an Indemnitee. Contractor's failure
<br />or refusal to timely accept a tender of defense pursuant to this provision will be deemed
<br />a material breach of this Contract. City will timely notify Contractor upon receipt of any
<br />third -party claim relating to the Contract, as required by Public Contract Code Section
<br />9201.
<br />The parties expressly agree that any reasonable payment, attorney's fee, cost or
<br />expense City incurs or makes to or on behalf of an injured employee under the City's self-
<br />administered workers' compensation is included as a loss, expense or cost for the
<br />purposes of this section. The parties expressly agree that this section shall survive the
<br />expiration or early termination of the Agreement.
<br />ATTY/AGR/2017.157/CODA TECHNOLOGY GROUP
<br />REV: 07-07-17 JS
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