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City shall monitor Contractors Program and expenditures made pursuant to this agreement
<br />quarterly to verify Contractors compliance with this agreement and local contract requirements.
<br />10. CONTRACTOR'S STATUS. In the performance of the obligations set forth in this
<br />agreement, Contractor shall have the status of an independent contractor and shall not be deemed to be
<br />an employee, agent or officer of City.
<br />11. HOLD HARMLESS. Contractor hereby agrees to defend, indemnify and save harmless
<br />City, its Council, officers, boards, commissions, agents and employees (collectively, "Indemnitees")
<br />against and from any and all claims, suits or actions of every name, kind and description, which may be
<br />brought against Indemnitees, or any of them, by reason of any injury to, or death of, any person
<br />(including corporations, partnerships and association) or damage suffered or sustained by any such
<br />person arising from, or alleged to have arisen from , any act or omission to act, negligent or otherwise, of
<br />Contractor, its officers, agents or employees under this agreement.
<br />The duty of Contractor to defend, indemnify and save harmless, as set forth herein, shelf include
<br />the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that
<br />nothing herein shall be construed to require Contractor to indemnify Indemnitees against any
<br />responsibility or liability in contravention of Section 2782 of the California Civil Code.
<br />12. NON - DISCRIMINATION AND EQUAL OPPORTUNITY. Contractor hereby warrants and
<br />agrees that, in the performance of this agreement, it will not, in connection with the employment,
<br />advancement or discharge of employees, or in connection with the terms, conditions or privileges of their
<br />employment, discriminate against person because of their age, except upon the basis of bona fide
<br />occupational qualification, retirement plan or statutory requirement, and will not specify, in solicitations or
<br />advertisement for employees to work on this contract, a maximum age limit, unless such limit is based
<br />upon a bona fide occupational qualification, retirement plan or statutory requirement.
<br />Contractor further warrants and agrees that it will comply with all provisions of executive Order
<br />11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of
<br />Labor; and that it will not discriminate against any employee or applicant for employment because of
<br />race, color, religion, sex or national origin. Contractor will take affirmative action to ensure that
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