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Provider intends to be legally bound by this assumption of risk, release and waiver and to
<br />bind Provider's heirs, personal representatives, next of kin and anyone who may make a claim on
<br />Provider's behalf. Provider knowingly releases and waives any and all claims that Provider may
<br />have or could have in the future and includes any claims resulting from potential exposure or actual
<br />exposure to COVID-19, this includes claims for personal injury, transmittal of COVID-19 to
<br />others, and/or wrongful death. Provider agrees to hold harmless, defend and indemnify the City,
<br />its public officials, officers, employees, volunteers, and agents from any and all claims for liability
<br />or damages, including those for exposure to or diagnosis with COVID-19 as a result of providing
<br />services pursuant to this Agreement.
<br />9. 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 />10. BACKGROUND CHECK
<br />Provider shall ensure that all employees, subcontractors, and any volunteers are
<br />fingerprinted and background checked prior to conducting any work pursuant to this Agreement.
<br />Provider shall not assign any employee, agent, subcontractor, volunteer or the Provider personally
<br />to provide services pursuant to this Agreement, if that employee, agent, subcontractor, volunteer,
<br />or the Provider personally are required to register as a sex offender under California Penal Code
<br />Section 290 et seq, have a conviction for any crime of moral turpitude, have a conviction for a
<br />sexual based crime, have a conviction for a violent felony as defined in California Penal Code
<br />Section 667.5(c), or has a conviction for a serious felony as defined in California Penal Code
<br />Section 1192.7(c). Disqualifying convictions include but are not limited to, violations of California
<br />Penal Code Sections 37, 128, 136.1 with Section 186.22, 187, 190-190.4 and 192(a), 205, 206,
<br />207-209.5, 211, 212, 212.5, 213, 214, 215, 218-219, 220, 236.1(b) or 236.1(c), 243.4, 261, 261.5,
<br />273.5, 262, 264.1, 266, 266c, 266h, 266i, 266j, 267, 269, 272, 273a, 273ab, 273d, 285, 286, 288,
<br />288a, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 290, 311.1, 311.2, 311.3, 311.4, 311.10, 311.11, 314,
<br />347(a), 368, 417(b), 451(a),518 with 186.22, 647.6, 653f(c), 664 and 187, 667.5(c),18745, 18750,
<br />or 18755, 12022.53, 11418(b)(1) or (b)(2); Business and Professions Code Section 729.
<br />11. NOTICE
<br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
<br />shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
<br />first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
<br />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
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