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Contractors working on projects over the above thresholds must, in filling craft job
<br />requirements, utilize and be bound by the registration facilities and referral systems
<br />established and authorized by the Unions who are signatory to the agreement. This is
<br />commonly referred to a Union hiring hall.
<br />Contractors retain the right to reject any applicant referred to them through the job referral
<br />system, determine competency of all employees, to determine the number of employees
<br />required, and the duties of such employees. If any Union's registration and referral system
<br />does not fulfill the requirements for specific classifications requested by any Contractor within
<br />48 hours, the Contractor may employ applicants meeting such classifications from any other
<br />available source.
<br />Contractor will work with the City's Labor Compliance Contractor to ensure compliance
<br />with the CWA.
<br />10. INDEMNIFICATION
<br />Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, consultants, special counsel, and representatives from liability: (1) for personal
<br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
<br />for personal injury, including death, and claims for property damage, which may arise from the
<br />direct or indirect operations of the Contractor or its contractors, subcontractors, agents,
<br />employees, or other persons acting on their behalf which relates to the services described in
<br />section 1 of this Agreement; and (2) from any claim that personal injury, damages, just
<br />compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects
<br />arising from this Agreement. This indemnity and hold harmless agreement applies to all claims
<br />for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to
<br />have been suffered, by reason of the events referred to in this Section or by reason of the terms
<br />of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold
<br />harmless, and pay all costs for the defense of the City, including fees and costs for special
<br />counsel to be selected by the City, regarding any action by a third party challenging the validity
<br />of this Agreement, or asserting that personal injury, damages, just compensation, restitution,
<br />judicial or equitable relief due to personal or property rights arises by reason of the terms of, or
<br />effects arising from this Agreement. City may make all reasonable decisions with respect to its
<br />representation in any legal proceeding. Notwithstanding the foregoing, to the extent
<br />Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be
<br />limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain
<br />to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. This
<br />Section will survive termination and completion of the Agreement.
<br />11. INTELLECTUAL PROPERTY INDEMNIFICATION
<br />Contractor shall defend and indemnify the City, its officers, agents, representatives, and
<br />employees against any and all liability, including costs, for infringement of any United States'
<br />letters patent, trademark, or copyright infringement, including costs, contained in the work
<br />product or documents provided by Contractor to the City pursuant to this Agreement. This
<br />Section will survive termination and completion of the Agreement.
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