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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 /> 2023 <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 or power is not, in fact, held by the signatory or is withdrawn.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 contemporaneous agreements for similar services between the Parties is superseded 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 /> c. 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 />