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City of Santa Ana Public Works Agency
<br />Agreement Number 12-TRANSIT-07
<br />AMS ADV ID. 1224000029
<br />Page 9 of 19
<br />claiming an exemption, the proposed Contractor shall provide written evidence that supports an
<br />exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement.
<br />19. Indemnification
<br />a. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage,
<br />or liability occurring by reason of anything done or omitted to be done by AGENCY, its
<br />officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in
<br />connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA.
<br />It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless
<br />CALTRANS and all of CALTRANS' officers and employees from all claims, suits, or actions of
<br />every name, kind, and description brought forth under, including, but not limited to, tortuous,
<br />contractual, likeness statutes under California Civil Code §§ 3344 and 3344.1, inverse
<br />condemnation, or other theories or assertions of liability occurring by reason of anything done
<br />or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients,
<br />or subcontractors under this RGA.
<br />b. AGENCY agrees to fully defend, indemnify, and save harmless CALTRANS and all of its
<br />officers and employees from any and all claims, lawsuits, or legal actions, including
<br />reasonable attorneys' fees and legal costs, relating to intellectual property claims arising from
<br />or related to the Project and/or any work procured under this RGA, including but not limited to
<br />claims based on (1) U.S. federal or state trademark infringement laws, (2) patent infringement
<br />laws (3) 17 U.S.C. §§ 101-810 (the Copyright Act of 1976, as modified), (4) 17 U.S.C. §
<br />106A(a) (the Visual Artists Rights Act of 1990, "VARA"), (5) 17 U.S.C. § 113, (6) California
<br />Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (7) any
<br />other rights arising under U.S. federal or state laws or under the laws of any other country that
<br />conveys rights and protections of the same nature as those conveyed under 17 U.S.C.
<br />§106A(a) and California Civil Code §987, including intellectual property claims arising from or
<br />related to breach of contract, inverse condemnation, conversion, and/or taking of property.
<br />20. Nondiscrimination Clause (2 CCR 11105 Clause b)
<br />a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its
<br />subcontractors shall not deny the contract's benefits to any person on the basis of race, religious
<br />creed, color, national origin, ancestry, physical disability, mental disability, medical condition,
<br />genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual
<br />orientation, or military and veteran status, nor shall they discriminate unlawfully against any
<br />employee or applicant for employment because of race, religious creed, color, national origin,
<br />ancestry, physical disability, mental disability, medical condition, genetic information, marital
<br />status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and
<br />veteran status. AGENCY shall ensure that the evaluation and treatment of employees and
<br />applicants for employment are free of such discrimination.
<br />b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code
<br />Sections 12900 et seq.), the regulations promulgated thereunder (California Code of
<br />Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1,
<br />Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the
<br />regulations or standards adopted by CALTRANS to implement such article.
<br />c. AGENCY shall permit access by representatives of the Department of Fair Employment and
<br />Housing and CALTRANS upon reasonable notice at any time during the normal business hours,
<br />but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other
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