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compensation and agrees to indemnify the City for any work performed prior to approval of
<br />insurance by the City,
<br />6. INDEMNIFICATION
<br />Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents,
<br />employees, consultants, special counsel, and representatives from liability: (1) for personal
<br />injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims
<br />for personal injury, including death, and claims for property damage, which may arise from the
<br />negligent operations of the Consultant or its contractors, subcontractors, agents, employees, or
<br />other persons acting on their behalf which relates to the services described in section I of this
<br />Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution,
<br />judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement,
<br />to the extent that the injury, damages, just compensation, restitution, judicial or equitable relief is
<br />caused by the negligence of the Consultant. This indemnity and hold harmless agreement applies
<br />to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or
<br />alleged to have been suffered, by reason of the events referred to in this Section or by reason of
<br />the terms of, or effects, arising from this Agreement. City may make all reasonable decisions
<br />with respect to its representation in any legal proceeding. In no case will Consultant be required
<br />to indemnify or hold harmless the City from injury, damages, just compensation, restitution,
<br />judicial or equitable relief caused by the negligence of the City.
<br />CONFLICT OF INTEREST
<br />Provider covenants that it presently has no interests and shall not have interests, direct or
<br />indirect, which would conflict in any manner with performance of services specified under this
<br />Agreement.
<br />8. LIVE SCAN BACKGROUND CHECK
<br />Providers, and any employees, subcontractors or substitutes, in contact with minors under
<br />eighteen (1S) years of age shall arrange for and submit to a Live Scan electronic background
<br />check for criminal history available through the California Department of Justice as a condition
<br />of this Agreement and provide proof of compliance prior to performing services hereunder.
<br />9. NOTICE
<br />Any notice, tender, demand, delivery, or other cormni'mication pursuant to this
<br />Agreement shall be in writing and shall be deemed to be properly given if delivered in person or
<br />mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic
<br />communication in the manner provided in this Section, to the following persons:
<br />To City: Clerk of the Council
<br />City of Santa Ana
<br />20 Civic Center Plaza (M-30)
<br />P.O. Box 1988
<br />Santa Ana, CA 92702-1988
<br />Fax (714) 647-6956
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