|
2890662.3 10
<br />Civil Code, nor shall such Certificate provide evidence that Developer has satisfied any
<br />obligation that survives the expiration of this Agreement, including without limitation,
<br />Developer’s obligations pursuant to the Regulatory Agreement.
<br />3.16 Equal Opportunity. During the construction of the Project, there shall be no
<br />discrimination on the basis of race, color, religion, creed, sex, sexual orientation, marital status,
<br />ancestry or national origin in the hiring, firing, promoting or demoting of any person engaged in
<br />construction of the Project, and Developer shall direct its contractors and subcontractors to
<br />refrain from discrimination on such basis.
<br />3.17 Prevailing Wage Requirements. To the extent, and if, required by applicable
<br />federal and state laws, rules and regulations, Developer and its contractors and agents shall
<br />comply with California Labor Code Section 1720 et seq.and applicable federal labor laws and
<br />standards, and the regulations adopted pursuant thereto (“Prevailing Wage Laws”), and shall be
<br />responsible for carrying out the requirements of such provisions. Developer shall submit to City
<br />a plan for monitoring payment of prevailing wages and shall implement such plan at Developer’s
<br />expense.
<br />Developer shall indemnify, defend (with counsel approved by City) and hold the City,
<br />and its respective elected and appointed officers, officials, employees, agents, consultants, and
<br />contractors (collectively, the “Indemnitees”) harmless from and against all liability, loss, cost,
<br />expense (including without limitation attorneys’ fees and costs of litigation), claim, demand,
<br />action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage
<br />(all of the foregoing collectively “Claims”) which directly or indirectly, in whole or in part, are
<br />caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in
<br />connection with, or relate to, the payment or requirement of payment of prevailing wages or the
<br />requirement of competitive bidding in the construction of the Project, the failure to comply with
<br />any state or federal labor laws, regulations or standards in connection with this Agreement,
<br />including but not limited to the Prevailing Wage Laws, or any act or omission of Developer
<br />related to this Agreement with respect to the payment or requirement of payment of prevailing
<br />wages or the requirement of competitive bidding, whether or not any insurance policies shall
<br />have been determined to be applicable to any such Claims. It is further agreed that City do not
<br />and shall not waive any rights against Developer which they may have by reason of this
<br />indemnity and hold harmless agreement because of the acceptance by City, or Developer’s
<br />deposit with City of any of the insurance policies described in this Agreement. The provisions of
<br />this Section 3.17 shall survive the expiration or earlier termination of this Agreement and the
<br />issuance of a Certificate of Completion for the Project. Developer’s indemnification obligations
<br />under this Section 3.17 shall not apply to any Claim which arises as a result of an Indemnitee’s
<br />gross negligence or willful misconduct.
<br />3.18 Compliance with Laws. Developer shall carry out and shall cause its contractors
<br />to carry out the construction 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
<br />Code, the City zoning and development standards, building, plumbing, mechanical and electrical
<br />codes, all other provisions of the City's Municipal Code, and all applicable disabled and
<br />32
|