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<br />Addendum: ADDITIONAL PROVISIONS TO BE ADDED
<br />1.INDEMNIFICATION. Blueviolet/Lanmor hereby agrees to indemnify and save harmless City of Santa
<br />Ana, its City Council, officers, officials, employees, volunteers, and agents from and against all liability
<br />claims and demands on account of injury to persons, including death resulting therefrom, losses,
<br />damages, expenses (including attorney’s fees), claims, demands, payment recoveries, judgments and
<br />damage to property arising out of or caused in any manner by Blueviolet/Lanmors’ performance or the
<br />failure to perform any work under this MSA by Blueviolet/Lanmor, Blueviolet/Lanmors’ products or
<br />services, and Blueviolet/Lanmors’ employees, representatives, or agents. Blueviolet/Lanmor shall, at
<br />its own expense, defend any and all actions at law brought against City of Santa Ana, its City Council,
<br />2.officers, officials, employees, volunteers, and agents based thereon, shall pay all attorney’s fees and
<br />all other expenses, and shall promptly discharge any judgments arising therefrom.
<br />Blueviolet/Lanmors’ responsibility for damage to property or injury or death of persons includes,
<br />without limitation upon the generality thereof, damage, injury or death caused in whole or in part by
<br />any machine, tools, or equipment belonging to or furnished by City of Santa Ana and used by
<br />Blueviolet/Lanmor or its subcontractors in the performance of this MSA, or caused by actions of any
<br />employee, representative, or agent of City of Santa Ana while such person is acting under the
<br />direction or control of Blueviolet/Lanmor or its subcontractors and in its behalf carrying out for it any
<br />services to be performed under this MSA.
<br />3.EMPLOYMENT PRACTICES
<br />a.Blueviolet/Lanmor warrants that its employees, representatives, and others entering on City of
<br />Santa Ana’ premises in the performance of services or in connection therewith, shall at all
<br />times comply with any and all applicable federal, state, county, and local laws, ordinances,
<br />statutes, executive orders, rules, and regulations, including but expressly not limited to those
<br />relating to labor relations, fair employment practices, pay rates, working conditions, safety and
<br />health, immigration status and rights to obtain employment legally in the United States.
<br />b.Blueviolet/Lanmor agrees that all work performed by or at the direction of Blueviolet/Lanmor
<br />hereunder shall be performed in compliance with the requirements of the Occupational Safety
<br />and Health Act (OSHA) of 1970, as amended.
<br />c.Blueviolet/Lanmor is an equal opportunity employer and Blueviolet/Lanmor agrees to hold City
<br />of Santa Ana and their directors, officers, representatives and employees free and harmless of
<br />and from, and defend and indemnify them against any and all claims or suits which may be
<br />brought about in the matter of racial, sexual, and or any other type of discrimination with
<br />regards to the employees of the Blueviolet/Lanmor.
<br />d.Nothing contained in this MSA or otherwise shall be interpreted to create or establish any joint
<br />employee relationship by and between City of Santa Ana and Blueviolet/Lanmor. All services
<br />herein provided for shall be done and performed by Blueviolet/Lanmor and under the sole
<br />supervision, direction and control of Blueviolet/Lanmor as an independent contractor. City of
<br />Santa Ana shall look to Blueviolet/Lanmor for results only and shall have no right at any time
<br />to direct or supervise Blueviolet/Lanmor or Blueviolet/Lanmor’s servants or employees in the
<br />performance of Services or as to the manner, means and method by which Services are
<br />performed. All workers furnished by Blueviolet/Lanmor pursuant to this MSA and all
<br />representatives of Blueviolet/Lanmor shall be and remain the agents or employees of
<br />Blueviolet/Lanmor or of Blueviolet/Lanmor’s subcontractor at all times and shall not at any time
<br />or for any purpose whatsoever be employees or agents of City of Santa Ana.
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