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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 <br />