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employees, or invitees, or resulting from City's activities on the School Property or from any
<br />cause whatsoever arising out of or in connection with this Agreement, the performance of
<br />activities necessary to complete the Work, and any other use of and operations on the School
<br />Property. City shall indemnify District, its officers, agents, employees, and invitees against and
<br />will hold and save them and each of them harmless from any and all actions, claims, damages to
<br />persons or property, penalties, obligations or liabilities (collectively, the "Losses") that may be
<br />asserted or claimed by any person, firm, association, entity, corporation, political subdivision, or
<br />other organization arising out of or in connection with City's activities on the School Property,
<br />the performance of activities necessary to complete the Work, and any other use of and
<br />operations on the School Property, whether or not there is concurrent passive negligence on the
<br />part of District, its agents, employees or officers, except to the extent that Losses are caused by
<br />the sole negligence or willful misconduct of District, and in connection therewith:
<br />(a) Actions Filed. City shall defend any action or actions filed in connection
<br />with any of said claims, damages, penalties, obligations or liabilities, and will pay
<br />all costs and expenses, including attorneys' fees incurred in connection therewith;
<br />(b) Judgments Rendered. City shall promptly pay any judgment rendered
<br />against City or District covering such claims, damages, penalties, obligations and
<br />liabilities arising out of or in connection with such use of and operations on the
<br />School Property referred to herein and agrees to save and hold District harmless
<br />therefrom; and
<br />(c) Costs and Expenses; Attorneys' Fees. In the event District is made a party
<br />to any action or proceeding filed or prosecuted against City for such damages or
<br />other claims arising out of the use of and operations on the School Property
<br />referred to herein, City agrees to pay District any and all costs and expenses
<br />incurred by them in such action or proceeding together with reasonable attorneys'
<br />fees.
<br />Section 6. Compliance with Law. City shall comply with all laws, ordinances,
<br />rules, and regulations applicable to the School Property, and shall be responsible to obtain any
<br />and all permits which may be necessary pertaining to City's activities on or about the School
<br />Property. District shall ensure that the Work complies with all applicable federal, state or local
<br />laws, rules or regulations, including compliance with Division of the State Architect ("DSA")
<br />building requirements, if applicable.
<br />Section 7. Background Checks. In the event any portion of the Work or City's
<br />activities on the School Property will occur when students are present, City shall conduct
<br />criminal background checks, through the California Department of Justice, of all employees,
<br />agents, and contractors providing services to City upon the School Property pursuant to this
<br />Agreement, and shall provide to the District a list of the names of the employees and/or agents of
<br />City who may come into contact with pupils upon the School Property, pursuant to Education
<br />Code section 45125.1. In the alternative, City may elect to ensure the safety of pupils pursuant
<br />to Education Code section 45125.2 by one or more of the following methods: 1) the installation
<br />of a physical barrier at the worksite to limit contact with pupils, or 2) continual supervision and
<br />monitoring of all employees or agents of City by an employee or agent of City whom the
<br />Department of Justice has ascertained has not been convicted of a serious felony.
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