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J. D. Briggs Communications Company
<br />Letter of Agreement
<br />Page 2
<br />Contractor is aware of the requirements of California Labor Code Section 1720, et �Leq., and
<br />1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing
<br />Wage Laws"), which require the payment of prevailing wage rates and the performance of other
<br />requirements on "public works" and "maintenance" projects. If the Services are being performed as
<br />part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage
<br />Laws, and if the total compensation is $ 1,000 or more, Contractor agrees to fully comply with such
<br />Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per them
<br />wages in effect at the commencement of this Agreement. Contractor shall make copies of the
<br />prevailing rates of per them wages for each craft, classification or type of worker needed to execute
<br />the Services available to interested parties upon request, and shall post copies at the Contractor's
<br />principal place of business and at the project site. Contractor shall defend, indemnify and hold the
<br />City, its elected officials, officers, employees and agents free and harmless from any claim or
<br />liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
<br />Contractor shall provide proof of commercial general liability and automobile insurance to
<br />the City in amounts and with policies, endorsements and conditions required by the City for the
<br />Services. If Contractor is an employer or otherwise hires one or more employees during the term of
<br />this Project, Contractor shall also provide proof of workers compensation coverage for such
<br />employees which meets all requirements of state law. See attached requirements.
<br />Invoices shall be submitted to the City monthly as performance of the Services progresses.
<br />City shall review and pay the approved charges on such invoices in a timely manner. Services on the
<br />Project shall begin upon receipt of a Notice to Proceed, issued by the City, immediately and be
<br />----completed by agreed upon schedule, unless extended by the City in writing. The City may tenninate
<br />this Letter of Agreement at any time with or without cause. If the City finds it necessary to terminate
<br />this Letter of Agreement without cause before Project completion, Contractor shall be entitled to be
<br />paid in full for those Services adequately completed prior to the notification of termination.
<br />Contractor may terminate this Letter of Agreement for cause only.
<br />Contractor shall defend, indemnify and hold the City, its officials, officers, employees, agents
<br />and volunteers free and harmless from any and all claims, demands, causes of action, expenses,
<br />liabilities, losses, damages and injuries to property or persons, including wrongful death, in any
<br />manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of
<br />Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in
<br />connection with the performance of the Services or Us Agreement, including, without limitation, the
<br />payment of all consequential damages, attorneys fees and other related costs and expenses.
<br />RVPUB\DRD\563827 (BB&K; mimd July 2,2001)
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