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from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all <br />costs for the defense of the City, including fees and costs for special counsel to be selected by the <br />City, regarding any action by a third party challenging the validity of this Agreement, or <br />asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief <br />due to personal or property rights arises by reason of the terms of, or effects arising from this <br />Agreement. City may make all reasonable decisions with respect to its representation in any <br />legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject <br />to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by <br />Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, <br />recklessness, or willful misconduct of the Contractor. <br />7. FINGERPRINTS AND BACKGROUND CHECK <br />Contractor, and any employees, subcontractors or substitutes, shall arrange for and <br />submit their fingerprints for a criminal background check through the Department of Justice <br />through the City's Human Resources Department process. Contractor shall be responsible for all <br />charges associated with fingerprinting. Contractor shall not perform any services pursuant to this <br />Agreement until clearance is received and Contractor is notified by the City's Parks, Recreation <br />and Community Services Department. <br />8. PREVAILING WAGE <br />Contractor is aware of the requirements of California Labor Code Section 1720, et seq., <br />and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., <br />("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the <br />performance of other requirements on "public works" and "maintenance" projects. If the <br />services being performed are part of an applicable "public works" or "maintenance" project, as <br />defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor <br />agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and <br />hold the City, its elected officials, officers, employees and agents free and harmless from any <br />claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage <br />Laws. <br />9. COMMUNITY WORKFORCE AGREEMENT <br />On August 15, 2017, the Santa Ana City Council approved a Community Workforce <br />Agreement ("CWA") with the Los Angeles/Orange Counties Building and Construction Trade <br />Council and the Signatory Craft Councils and Unions. The provisions of the agreement would <br />apply to all construction and major rehabilitation work pursuant to "Prime Multi -Trade" <br />construction contracts that exceed $250,000 and all subcontracts from these prime multi -trade <br />contracts. The agreement also applies to all "Prime Specialty" contracts (single trade contracts) <br />that exceed $100,000 and all subcontracts from these prime specialty contracts. Specialty <br />contracts are contracts for project work with a specialty contractor which is either limited to a <br />particular single trade or craft or limited to a singular scope of work. <br />Page 4 of 10 <br />