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City of Santa Ana
<br />Agreement Number: CCL-5063-213
<br />AIMS ADV ID: 1224000042
<br />Page 8 of 19
<br />Assistance Procedures Manual which may be accessed at: https://dot.ca.govl-/medialdot-
<br />medialprograms/local-assistance/documents/lapm/ch05.pdf.
<br />e. AGENCY agrees and shall require that all its agreements with consultants and subrecipients
<br />contain provisions requiring adherence to this section in its entirety except for section c,
<br />above.
<br />19. Americans with Disabilities Act
<br />By signing this Agreement, AGENCY assures CALTRANS that in the course of performing
<br />Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities
<br />Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well
<br />as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101
<br />et seq. ).
<br />20. Iran Contracting Act and State of California Executive Order N-6-22
<br />AGENCY must complete and submit to CALTRANS the Iran Contracting Act Certification certifying
<br />that AGENCY'S proposed contractor is not on the most current DGS list of Entities Prohibited from
<br />Contracting with Public Entities in California per the Iran Contracting Act, 2010
<br />(https://www.dgs.ca.govlPD/Resources/Page-Content/Procurement-Division-Resources-List-
<br />Folder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless the
<br />proposed contractor is exempted from the certification requirement by Public Contract Code
<br />Section 2205(c) or (d). If claiming an exemption, the proposed contractor shall provide written
<br />evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before
<br />execution of the Agreement. Additionally, and to the extent applicable, AGENCY shall adhere to
<br />State of California Executive Order N-6-22, issued on March 4, 2022, with regard to proposed
<br />contractor.
<br />21. 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. §§ 10 1 -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
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