|
3.14 Equal Opportunity. During the rehabilitation of the Improvements, there shall be
<br />no discrimination on the basis of race, color, religion, creed, sex, sexual orientation, disability,
<br />age, marital status, ancestry or national origin in the hiring, firing, promoting or demoting of any
<br />person engaged in work on the Project, and Borrower shall direct its contractors and
<br />subcontractors to refrain from discrimination on such basis. Borrower shall comply with all
<br />applicable requirements described in the Equal Employment Opportunity section in Exhibit F .
<br />3.15 Prevailing Wage Requirements. To the full extent required by all applicable state
<br />and federal laws, rules and regulations, Borrower and its contractors and agents shall comply
<br />with the federal Davis Bacon Act and implementing regulations (40 U. S.C. 3141 -3148) and with
<br />California Labor Code Section 1720 et seq. and the regulations adopted pursuant thereto
<br />(collectively, all of the foregoing are referred to herein as the "Prevailing Wage Laws "), and
<br />shall be responsible for carrying out the requirements of such provisions. If applicable,
<br />Borrower shall submit to City a plan for monitoring payment of prevailing wages and shall
<br />implement such plan at Borrower's expense.
<br />Borrower shall indemnify, defend (with counsel reasonably approved by City) and hold
<br />the City, the City, and their respective elected and appointed officers, officials, employees,
<br />agents, consultants, and contractors (collectively, the "Indemnitees ") harmless from and against
<br />all liability, loss, cost, expense (including without limitation attorneys' fees and costs of
<br />litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency,
<br />fine, order, and damage (all of the foregoing collectively "Claims ") which directly or indirectly,
<br />in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged
<br />to be caused by, arise in connection with, or relate to, the payment or requirement of payment of
<br />prevailing wages (including without limitation, all claims that may be made by contractors,
<br />subcontractors or other third party claimants pursuant to Labor Code Sections 1726 and 178 1) or
<br />the requirement of competitive bidding in the rehabilitation of the Improvements, the failure to
<br />comply with any state or federal labor laws, regulations or standards in connection with this
<br />Agreement, including but not limited to the Prevailing Wage Laws, or any act or omission of
<br />Borrower related to this Agreement with respect to the payment or requirement of payment of
<br />prevailing wages or the requirement of competitive bidding, whether or not any insurance
<br />policies shall have been determined to be applicable to any such Claims. It is further agreed that
<br />City does not and shall not waive any rights against Borrower which they may have by reason of
<br />this indemnity and hold harmless agreement because of the acceptance by City, or Borrower's
<br />deposit with City of any of the insurance policies described in this Agreement. The provisions of
<br />this Section 3.15 shall survive the expiration or earlier termination of this Agreement.
<br />Borrower's indemnification obligations set forth in this Section shall not apply to Claims arising
<br />from the gross negligence or willful misconduct of the Indemnitees.
<br />3.16 Compliance with Laws. Borrower shall carry out and shall cause its contractors
<br />to carry out the rehabilitation of the Project in conformity with all applicable federal, state and
<br />local laws, rules, ordinances and regulations, including without limitation, all applicable federal
<br />and state labor laws and standards, applicable provisions of the California Public Contracts Code
<br />(if any), the City zoning and development standards, building, plumbing, mechanical and
<br />electrical codes, all other provisions of the City's Municipal Code, and all applicable disabled
<br />and handicapped access requirements, including without limitation, the Americans with
<br />Disabilities Act, 42 U. S.C. Section 12101, et seq., Government Code Section 4450, et seq.,
<br />1755895.2 9
<br />
|