|
County, California, shall be the venue for any action or proceeding that may be brought or arise out of,
<br />in connection with or by reason of this Agreement.
<br />20. PROFESSIONAL LICENSES
<br />Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
<br />permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and
<br />required by the laws and regulations of the United States, the State of California, the City of Santa Ana
<br />and all other governmental agencies. Contractor shall notify the City immediately and in writing of its
<br />inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said
<br />inability shall be cause for termination of this Agreement.
<br />21. CALIFORNIA AIR RESOURCES BOARD COMPLIANCE
<br />Contractor shall comply, and shall ensure all subcontractors comply, with all applicable
<br />requirements of the most current version of the regulations imposed by California Air Resources Board
<br />("CARB") including, without limitation, all applicable terms of Title 13, California Code of
<br />Regulations Division 3, Chapter 9 and all pending amendments ("Regulation").
<br />Throughout the Project, and for three (3) years thereafter, Contractor shall make available for
<br />inspection and copying any and all documents or information associated with Contractor's and its
<br />subcontractors' fleets including, without limitation, the Certificates of Reported Compliance
<br />("CRCs"), fuel/reftieling records, maintenance records, emissions records, and any other information
<br />the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2)
<br />calendar days' notice from the City.
<br />Contractor 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. Contractor shall defend, indemnify and hold
<br />harmless the City, its officials, officers, employees and authorized volunteers free and harmless from
<br />any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply
<br />with the Regulation.
<br />22. 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 this
<br />Agreement, and shall indemnify City fully, including reasonable costs and attorney's
<br />fees, for any injuries or damages to City in the event that such authority or power is
<br />not, in fact, held by the signatory or is withdrawn.
<br />b. All exhibits referenced herein and attached hereto shall be incorporated as if fully set
<br />forth in the body of this Agreement.
<br />[signatures contained on followingpage]
<br />Page 8 of 9
<br />
|