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Contract No. <br /> 2. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall <br /> hold harmless, defend and indemnify the County of Alameda, its Board of <br /> Supervisors, employees and agents from and against any and all claims, losses, <br /> damages, liabilities and expenses, including but not limited to attorneys' fees, <br /> arising out of or resulting from the performance of services under this Agreement, <br /> provided that any such claim, loss, damage, liability or expense is attributable to <br /> bodily injury, sickness, disease, death or to injury to or destruction of property, <br /> including the loss therefrom, or to any violation of federal, state or municipal law <br /> or regulation, which arises out of or is any way connected with the performance of <br /> this agreement (collectively "Liabilities") except where such Liabilities are caused <br /> solely by the negligence or willful misconduct of any indemnitee. The County <br /> may participate in the defense of any such claim without relieving Contractor of <br /> any obligation hereunder. <br /> • In the event that Contractor or any employee, agent, or subcontractor of Contractor <br /> providing services under this Agreement is determined by a court of competent <br /> jurisdiction or the Alameda County Employees' Retirement Association ( ACERA) <br /> or California Public Employees' Retirement System (PERS) to be eligible for <br /> enrollment in ACERA and PERS as an employee of County, Contractor shall <br /> indemnify, defend, and hold harmless County for the payment of any employee <br /> and /or employer contributions for ACERA and PERS benefits on behalf of <br /> Contractor or its employees, agents, or subcontractors, as well as for the payment <br /> of any penalties and interest on such contributions, which would otherwise be the <br /> responsibility of County. <br /> 3. INSURANCE AND BOND: Contractor shall at all times during the term of the <br /> Agreement with the County maintain in force those insurance policies and bonds <br /> as designated in the attached Exhibit C, and will comply with all those <br /> requirements as stated therein. <br /> 4. PREVAILING WAGES: Pursuant to Labor Code Sections 1770 et seq., Contractor <br /> shall pay to persons performing labor in and about Work provided for in Contract <br /> not less than the general prevailing rate of per diem wages for work of a similar <br /> character in the locality in which the Work is performed, and not less than the <br /> general prevailing rate of per diem wages for legal holiday and overtime work in <br /> said locality, which per diem wages shall not be less than the stipulated rates <br /> contained in a schedule thereof which has been ascertained and determined by the <br /> Director of the State Department of Industrial Relations to be the general prevailing <br /> rate of per diem wages for each craft or type of workman or mechanic needed to <br /> execute this contract. <br /> 5. WORKERS' COMPENSATION: Contractor shall provide Workers' <br /> Compensation insurance, as applicable, at Contractor's own cost and expense and <br /> further, neither the Contractor nor its carrier shall be entitled to recover from <br /> Page 4 of 13 <br />