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City of Santa Ana <br />Master Agreement No. 64AO274 <br />Page 16 of 26 <br />data in support their respective positions. The decision of the Mass Transportation Program <br />Manager or his/her designee shall be final, conclusive and binding regarding the dispute, unless <br />RECIPIENT commences an action in court of competent jurisdiction to contest the decision in <br />accordance with Division 3.6 of the California Government Code. <br />H. Hold Harmless and Indemnification <br />(1) Neither STATE nor any officer or employee thereof shall be responsible for any <br />damage or liability occurring by reason of anything done or omitted to be done by <br />RECIPIENT, its agents and contractors under or in connection with any work, <br />authority, or jurisdiction delegated to RECIPIENT under this AGREEMENT or any <br />PROGRAM SUPPLEMENT or as respects environmental clean-up obligations or <br />duties of RECIPIENT relative to PROJECT. It is also understood and agreed that, <br />RECIPIENT shall fully defend, indemnify and hold the CTC and STATE and their <br />officers and employees harmless from any liability imposed for injury and damages or <br />environmental obligations or duties arising or created by reason of anything done or <br />imposed by operation of law or assumed by, or omitted to be done by RECIPIENT <br />under or in connection with any work, authority, or jurisdiction delegated to <br />RECIPIENT under this AGREEMENT and all PROGRAM SUPPLEMENTS. <br />(2) RECIPIENT shall indemnify, defend and hold harmless STATE, the CTC and the <br />State Treasurer relative to any misuse by RECIPIENT of State funds, PROJECT <br />property, PROJECT generated income or other fiscal acts or omissions of <br />RECIPIENT. <br />Labor Code Compliance <br />RECIPIENT shall include in all subcontracts awarded using PROJECT funds, when applicable, <br />a clause that requires each subcontractor to comply with California Labor Code requirements <br />that all workers employed on public works aspects of any project (as defined in California Labor <br />Code §§ 1720-1815) be paid not less than the general prevailing wage rates predetermined by the <br />Department of Industrial Relations as effective the date of Contract award by the RECIPIENT. <br />J. Non -Discrimination <br />(1) In the performance of work under this AGREEMENT, RECIPIENT, its contractor(s) <br />and all subcontractors, shall not unlawfully discriminate, harass or allow harassment <br />against any employee or applicant for employment because of sex, race, color, ancestry, <br />religious creed, national origin, physical disability (including HIV and AIDS), mental <br />disability, medical condition (cancer), age, marital status, family and medical care <br />leave, pregnancy leave, and disability leave. RECIPIENT, its contractor(s) and all <br />subcontractors shall ensure that the evaluation and treatment of their employees and <br />applicants for employment are free from such discrimination and harassment. <br />RECIPIENT, its contractor(s) and all subcontractors shall comply with the provisions <br />of the Fair Employment and Housing Act (Government Code section 12900 et seq.), <br />and the applicable regulations promulgated thereunder (California Code of Regulations, <br />Revised December 23,2020 <br />