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Throughout the Project, and for three (3) years thereafter, Consultant shall make available <br />for inspection and copying any and all documents or information associated with Consultant and <br />its subcontractors' fleets including, without limitation, the Certificates of Reported Compliance <br />("CRCs"), fuel/refueling records, maintenance records, emissions records, and any other <br />information the Consultant is required to produce, keep or maintain pursuant to the Regulation <br />upon two (2) calendar days' notice from the City. <br />Consultant shall be solely liable for any and all costs associated with compliance with the <br />Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all <br />violations, or failures to comply with the Regulation. Consultant shall defend, indemnify and hold <br />harmless the City, its officials, officers, employees and authorized volunteers free and harmless <br />from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure <br />to comply with the Regulation. <br />23. COMMUNITY WORKFORCE AGREEMENT <br />Consultant shall adhere to the City's Community Workforce Agreement (CWA), a pre -hire <br />collective bargaining agreement, which establishes the labor relations policies and procedures for <br />Consultant to follow in the crafts persons employed to complete the Project as more fully described <br />in the CWA. The CWA may be found on the City's website at: CWA City of Santa Ana 12-20- <br />2W3 <br />24. MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature herein below has the <br />power, authority and right to bind their respective parties to each of the terms of <br />this Agreement, and shall indemnify City fully, including reasonable costs and <br />attorney's fees, for any injuries or damages to City in the event that such authority <br />or power is not, in fact, held by the signatory or is withdrawn. <br />b. The Agreement is the final and complete agreement and any prior or <br />contemporaneous agreements for similar services between the Parties is superseded <br />by this Agreement. This shall not apply where the Parties are currently engaged and <br />Consultant is providing services not contemplated by this Agreement. <br />All Exhibits referenced herein and attached hereto shall be incorporated as if fully <br />set forth in the body of this Agreement. <br />Page 10 of 11 <br />