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Cesar Vargas and Associates <br />Page 5 of 17 <br />color, national origin, handicap, ancestry, sex or age. Such non - discrimination shall <br />include, but not be limited to, all activities related to initial employment, upgrading, <br />demotion, transfer, recruitment or recruitment advertising, layoff or termination. <br />Consultant shall also comply with all relevant provisions of City's Minority Business <br />Enterprise program, Affirmative Action Plan or other related programs or guidelines <br />currently in effect or hereinafter enacted. <br />(B) Liability for Non - compliance. Failure to comply with <br />the laws, regulations and policies described in this Section is a violation of law that may <br />subject Consultant or City to penalties, fines, or additional regulatory requirements. <br />Consultant shall defend, indemnify and hold the City, its directors, officials, officers, <br />employees, volunteers and agents free and harmless, pursuant to the indemnification <br />provisions of this Agreement, from and against any and all fines, penalties, claims or <br />other regulatory requirements imposed as a result of Consultant's non - compliance with <br />the laws, regulations and policies described in this Section, unless such non - compliance <br />is the result of the sole established negligence, willful misconduct or active negligence <br />of the City, its officials, officers, agents, employees or authorized volunteers. <br />(C) Training. In addition to any other standard of care <br />requirements set forth in this Agreement, Consultant warrants that all employees and <br />subcontractors shall have sufficient skill and experience to perform the Services <br />assigned to them without impacting water quality in violation of the laws, regulations and <br />policies described in this Section. Consultant further warrants that it, its employees and <br />subcontractors will receive adequate training, as determined by City, regarding the <br />requirements of the laws, regulations and policies described in this Section as they may <br />relate to the Services provided under this Agreement. Upon request, City will provide <br />Consultant with a list of training programs that meet the requirements of this paragraph. <br />3.2.11 Insurance. <br />3.2.11.1 Time for Compliance. Consultant shall not <br />commence Services under this Agreement until it has provided evidence satisfactory to <br />the City that it has secured all insurance required under this section. In addition, <br />Consultant shall not allow any subcontractor to commence work on any subcontract <br />until it has provided evidence satisfactory to the City that the subcontractor has secured <br />all insurance required under this section. <br />3.2.11.2 Minimum Requirements. Consultant shall, at its <br />expense, procure and maintain for the duration of the Agreement insurance against <br />claims for injuries to persons or damages to property which may arise from or in <br />connection with the performance of the Agreement by the Consultant, its agents, <br />