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City shall monitor Contractor's Program and expenditures made pursuant to this agreemeM semi-
<br /> annually to verify Contractor's compliance with this agreement and local contrect 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 ail claims, suits or actions of every name, kind and description, damages,
<br /> losses and expenses inciuding attorney fees, arising from, or alleged to have arisen from, any act or
<br /> omission to act, negligent or otherwise, of Contractor, its officers, agents or employees under this
<br /> agreement.
<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 priviieges 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 Labor;
<br /> and that it will not discriminate against any employee or applicant for employment because of race, color,
<br /> religion, sex or national origin. Contractor will take affirmative action to ensure that applicants are
<br /> employed and that employees are treated during employment, without regard to their race, color, religion,
<br /> sex or national origin. Such action shall include, but not be limited to, the following: employment,
<br /> upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay
<br /> or other forms of compensation; and selection for training, including apprenticeship.
<br /> ATTY/AGR/2011.111/HSFA FUNDING AGREEMENT FLY
<br /> 701477
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