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coverage as herein provided, the COMMISSION may, in addition to any other remedies it may have,
terminate this Agreement upon occurrence of such event.
6) If any insurance policy of CONSULTANT required by this document includes language
conditioning the insurer’s legal obligation to defend or indemnify COMMISSION on the
performance of any act(s) by the named insured, then said insurance policy, by endorsement,
shall also name the COMMISSION as a named insured. Notwithstanding the foregoing, both
the CONSULTANT and its insurers agree that by naming the COMMISSION as a named
insured, the COMMISSION may at its sole direction, but is not obligated to, perform any act
required by the named insured under said insurance policies.
7) CONSULTANT shall do all things required to be performed by it pursuant to its insurance policies
including but not limited to paying within five (5) work days, all deductibles and self-insured
retentions (SIR) required to be paid under any insurance policy that may provide defense or
indemnity coverage to COMMISSION or any additional insured.
8) CONSULTANT shall cause the foregoing provisions to be inserted in all subcontracts for any work
covered under this Agreement by a subconsultant compensated more than $50,000 and employing
more than fifteen (15) employees, provided that the foregoing provisions shall not apply to contracts
or subcontracts for standard commercial supplies or raw materials.
7. FEDERAL, STATE AND LOCAL LAWS.
CONSULTANT warrants that in the performance of this
Agreement, it shall exercise usual and customary professional care in its efforts to comply with all applicable
federal, state and local laws, statutes and ordinances and all lawful orders, rules and regulations promulgated
thereunder. In the event of a conflict between the laws and lawful regulations of any government entities
having jurisdiction over the project, the CONSULTANT shall notify COMMISSION of the nature and
impact of such conflict. The COMMISSION agrees to cooperate and work with the CONSULTANT in an
effort to resolve any conflict.
8. EQUAL EMPLOYMENT OPPORTUNITY
. During and in relation to the performance of this Agreement,
CONSULTANT agrees to the following:
The CONSULTANT shall not discriminate or permit discrimination against any employee or applicant for
employment in any manner prohibited by Federal, State and local laws, including but not limited to race,
color, gender, religion, national origin, ancestry, physical or mental disability, medical condition, marital
status, sexual orientation, age (over 18), veteran status, pregnancy, or any other non-merit factor unrelated to
job duties.
Such action shall include, but not be limited to, the following: recruitment; advertising, layoff or termination;
rates of pay or other forms of compensation; and selection for training (including apprenticeship),
employment, upgrading, demotion, or transfer. The CONSULTANT agrees to post in conspicuous places,
available to employees and applicants for employment, notice setting forth the provisions of this non-
discrimination clause.
CONSULTANT shall comply fully with all federal, State and local laws and regulations which prohibit
discrimination. The CONSULTANT’s signature affixed herein, and dated, shall constitute a certification
under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless
exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and
Title 2, California Administrative Code, Section 8103.