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City of Santa Ana
<br />12. Audits and Inspections.
<br />--- At any time during normal business hours, and as often as may reasonably be
<br />deemed necessary by the OCFA, the CITY OF SANTA ANA may observe and inspect
<br />CONTRACTOR's business office, and CONTRACTOR must make promptly available to
<br />the CITY OF SANTA ANA or OCFA for its examination all of CONTRACTOR's records
<br />that pertain to performance of the Agreement. The CITY OF SANTA ANA or OCFA may
<br />audit, examine, and copy any and all CONTRACTOR records pertaining to their
<br />performance of the Agreement, including but not limited to, personnel records, daily
<br />logs, conditions of employment, and all other data. The CITY OF SANTA ANA's or
<br />OCFA's right to inspect CONTRACTOR's business office and any and all records
<br />pertaining to their performance of the Agreement will be restricted to normal business
<br />hours and reasonable notice shall be given to CONTRACTOR in advance of such
<br />inspection.
<br />13. Independent Contractor.
<br />A. In the performance of this Agreement, CONTRACTOR shall be acting in an
<br />independent capacity from the CITY OF SANTA ANA and OCFA, and not as an agent,
<br />employee, partner, or pursuant to any kind of joint venture or partnership with the CITY
<br />OF SANTA ANA or OCFA. The parties understand and agree that CONTRACTOR, its
<br />officers, agents and employees (which term specifically includes, but is not limited to,
<br />the Transportation Personnel) are not employees of the CITY OF SANTA ANA, the
<br />County, or OCFA, and are not entitled to any of the rights, benefits, or privileges of CITY
<br />OF SANTA ANA, County, or OCFA employees including, but not limited to, medical,
<br />unemployment, or workers' compensation insurance.
<br />B. Neither the County, the CITY OF SANTA ANA or OCFA, or any of their
<br />respective officers, elected officials, agents, representatives, or employees, shall have
<br />any control over the conduct of CONTRACTOR's agent's and employees except as
<br />specifically set forth in the Contract Documents. Under no circumstances shall
<br />CONTRACTOR or any of its agents or employees represent that they are in any
<br />manner agents or employees of the CITY OF SANTA ANA, County or OCFA, it being
<br />understood that CONTRACTOR its agents and employees are as to the CITY OF
<br />SANTA ANA, County and OCFA, wholly independent contractors and that
<br />CONTRACTOR's obligations to the CITY OF SANTA ANA and OCFA are solely those
<br />prescribed by the Contract Documents.
<br />C. CITY OF SANTA ANA, the County, and OCFA have no responsibility
<br />whatsoever for the payment of any wages, salary, health benefits, retirement benefits,
<br />taxes, or any other benefits that may be due to CONTRACTOR's employees and
<br />agents performing 9-1-1 Emergency Transportation Services under this Agreement,
<br />specifically including but not limited to the Transportation Personnel.
<br />City of Santa Ana Page 1 106
<br />Fire/EMS Emergency Ambulance Transportation and Related Services
<br />Request for Proposals: # 18-059
<br />August 28, 2018
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