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ATTACHMENT 1 <br />Industrial Relations. If applicable, Consultant shall post, at each job site, a copy of the <br />prevailing rate of per diem wages. Consultant shall forfeit fifty dollars ($50.00) for each <br />calendar day or portion thereof for each work~ paid less than the stipulated prevailing rates <br />for any public work done under the Agreement by it or by any subcontractor. <br />11. <br />a) <br />Termination <br />For Convenience of City. The City may terminate this Agreement at any <br />time by mailing a notice in writing to Consultant that the Agreement is <br />terminated. Upon the date such notice is received by Consultant, said <br />Agreement shall then be deemed terminated, and no further work shall be <br />performed by Consultant. If the Agreement is so terminated, the Consultant <br />shall be paid for that percentage of the work actually completed, based on a <br />pro rata portion of the total fixed sum compensation described in Section 7 <br />herein at the time the notice of termination is received. <br />b) For Default. If the Consultant fails to perform in the manner called for in <br />the Agreement, or if the Consultant fails to comply with any other <br />provisions of the Agreement, City may terminate this Agreement for default. <br />Termination shall be effected by serving a notice of termination on the <br />Consultant setting forth the manner in which the Consultant is in default. <br />The Consultant shall have 7 days from receipt of notice of termination to <br />remedy the elements of the default identified by City in the notice of <br />termination, and if so remedied, will no longer be deemed in default. If the <br />Consultant fails to remedy the default, the Consultant will only be paid for <br />all work performed to the date of termination as calculated by City based on <br />Paragraph 10 a) hereof, provided that such compensation shall not in any <br />case exceed the maximum sum set forth in Paragraph 7 hereof. <br />12. Non-Assignability. The Consultant shall not assign, sublet, or transfer this <br />Agreement or any interest or obligation therein without the prior written consent of the <br />City, and then only upon such terms and conditions as City may set forth in writing. <br />13. Indemnify and Hold Harmless. Consultant shall defend, indemnify, and <br />hold harmless, the City and its officers and employees from and against all claims, losses, <br />damage, injury, and liability for damages to the extent arising from negligent acts, errors or <br />omissions of the Consultant in the performance of its services under this Agreement, <br />regardless of whether the City has reviewed and/or approved the work or services which <br />has given rise to the claim, loss, damage, injury or liability for damages. This <br />indemnification shall extend for a reasonable period of time after completion of the project <br />as well as during the period of actual performance of services under this Agreement. The <br />City's acceptance of the insurance certificates required under this Agreement does not <br />relieve the Consultant from its obligation under this paragraph. <br />14. Insurance. During the term of this Agreement, Consultant shall maintain in <br />full force and effect at its own cost and expense the following insurance coverage: <br />Docusign Envelope ID: 4F0E903E-27A3-89F3-817B-301A21A6A7F2