Laserfiche WebLink
<br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br /> <br />accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, or other <br />expedited delivery service. <br />C. Each party shall notify the other party, in writing, within twenty-four (24) hours of becoming <br />aware of any occurrence of a serious nature which may expose either party to liability. Such occurrences <br />shall include, but not be limited to, accidents, injuries, or acts of negligence, or loss or damage to any <br />County property in possession of CITY. <br />D. For purposes of this Agreement, any notice to be provided by COUNTY may be given by <br />ADMINISTRATOR. <br /> <br />IV. SEVERABILITY <br />If a court of competent jurisdiction declares any provision of this Agreement or application thereof <br />to any person or circumstances to be invalid or if any provision of this Agreement contravenes any <br />Federal, State, or County statute, ordinance, or regulation, the remaining provisions of this Agreement or <br />the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain <br />in full force and effect, and to that extent the provisions of this Agreement are severable. <br /> <br />V. STATUS OF THE PARTIES <br />COUNTY shall at all times be deemed to be an independent contractor and shall be wholly <br />responsible for the manner in which it performs its duties under this Agreement. Nothing herein <br />contained shall be construed as creating the relationship of employer and employee, or principal and <br />agent, between CITY and COUNTY or any of their respective agents, subcontractors, or ernployees. <br />COUNTY assumes exclusively the responsibility for the acts of its employees. COUNTY and its <br />employees shall not be entitled to any rights and/or privileges of CITY employees, and shall not be <br />considered in any manner to be CITY'S employees. Likewise, CITY assumes exclusively the <br />responsibility for the acts of its employees, and they shall not be considered in any rnanner to be <br />COUNTY'S employees. <br /> <br />VI. TERM <br />A. The term of this Agreement shall commence and terminate as specified on Page 3 of this <br />Agreement, unless otherwise sooner terminated as provided in this Agreement; provided, however, <br />COUNTY shall be obligated to perform such duties as would normally extend beyond this term, <br />including but not limited to, obligations with respect to confidentiality, indemnification, audits, reporting <br />and accounting. <br />B. The term of this Agreement shall be automatically extended for a 180-day period through <br />December 31,2005, if a successor Agreement between the parties is not in force by July 1,2005, and no <br />notice of non-renewal has been given by either CITY or COUNTY in accordance with the Termination <br />paragraph of this Agreement. <br /> <br />5 of? <br /> <br />\\cottonwood\WMS\CONTRACT 2004+\Santa Ana City-04-05-HH.doc <br /> <br />SANXXKK05 <br />