|
Consultant's facilities and do not violate any confidentiality requirements of this Agreement.
<br />Consultant is solely responsible for compliance with all labor and tax laws pertaining to
<br />Consultant, its officers, agents, and employees, and shall indemnify and hold the City harmless
<br />from any failure to comply with such laws. Consultant's duties with respect to Consultant, its
<br />officers, agents, and employees, shall include, but not be limited to: (1) providing Workers'
<br />Compensation coverage for employees as required by law; (2) hiring of any employees, assistants,
<br />or sub -consultant necessary for performance of the Work; (3) providing any and all employment
<br />benefits, including, but not limited to, annual leave, sick leave, paid holidays, health insurance,
<br />retirement benefits, and disability insurance; (4) payment of all federal, state and local taxes
<br />income or employment taxes, and, if Consultant is not a corporation, self-employment (Social
<br />Security) taxes; (5) compliance with the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq.,
<br />including payment of overtime in accordance with the requirements of said Act; (6) providing
<br />employee training for all functions necessary for performance of the Work; (7) providing
<br />equipment and materials necessary to the performance of the Work; and (8) providing office or
<br />other facilities for the performance of the Work. In the event the City provides training,
<br />equipment, materials, or facilities or otherwise facilitate performance of the Work, this shall not
<br />affect any of Consultant's duties hereunder or alter Consultant's status as an independent
<br />Consultant.
<br />ARTICLE 10 — FEDERAL CLAUSES
<br />10.01 OWNER and CONSULTANT will adhere to the following, as applicable to this work
<br />A. Equal Employment Opportunity. During the performance of this contract, the Consultant agrees
<br />as follows:
<br />(1) The Consultant will not discriminate against any employee or applicant for employment
<br />because of race, color, religion, sex, or national origin. The Consultant will take affirmative action
<br />to ensure that applicants are employed, and that employees are treated during employment
<br />without regard to their race, color, religion, sex, or national origin. Such action shall include, but
<br />not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or
<br />recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
<br />selection for training, including apprenticeship. The Consultant agrees to post in conspicuous
<br />places, available to employees and applicants for employment, notices to be provided setting
<br />forth the provisions of this nondiscrimination clause.
<br />(2) The Consultant will, in all solicitations or advertisements for employees placed by or on behalf
<br />of the Consultant, state that all qualified applicants will receive considerations for employment
<br />without regard to race, color, religion, sex, or national origin.
<br />(3) The Consultant will send to each labor union or representative of workers with which he has a
<br />collective bargaining agreement or other contract or understanding, a notice to be provided
<br />advising the said labor union or workers' representatives of the Consultant's commitments under
<br />this section, and shall post copies of the notice in conspicuous places available to employees and
<br />applicants for employment.
<br />(4) The Consultant will comply with all provisions of Executive Order 11246 of September 24,
<br />1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
<br />(5) The Consultant will furnish all information and reports required by Executive Order 11246 of
<br />September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
<br />thereto, and will permit access to his books, records, and accounts by the administering agency
<br />0
<br />
|