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b. For purposes of this Agreement, Agency designates Mr. Nabil Saba, Water <br />Resources Manager, as the Agreement Administrator for the Agency. Agency reserves the right <br />to change this designation upon written notice to Metropolitan. <br />4. Independent Contractor <br />Agency agrees to complete the Scope of Work detailed in Exhibit A under this <br />Agreement in the capacity of an independent contractor and neither Agency and its participating <br />entities, consultants, and sub -consultants nor any of their employees shall be considered to be <br />an employee or agent of Metropolitan. Participating entities are other public and private entities, <br />separate from Agency, which Agency has indicated are participating in the study, as identified in <br />Exhibit A. <br />5. Consultants and Sub -consultants <br />a. Agency shall be responsible to Metropolitan for all work to be performed <br />under this Agreement. All consultants and sub -consultants and their billing rates shall be <br />approved by the Agency and shall be reflected in consultant and sub -consultant invoices <br />submitted by Agency to Metropolitan. Agency shall be liable and accountable for any and all <br />payments or other compensation to all consultants and sub -consultants performing services <br />under any Agency agreement that is necessary and applicable to the performance and <br />completion of this Agreement. Metropolitan shall not be liable for any payment or other <br />compensation for any consultants or sub -consultants. <br />b. Agency's contracts with consultants and sub -consultants shall require <br />consultants and sub -consultant to maintain Workers' Compensation and Automobile Liability <br />insurance as required by the State of California and include the following articles: Intellectual <br />Property, Nonuse of Intellectual Property of Third Parties, Audit, Indemnity and Equal <br />Employment Opportunity and Affirmative Actions as set forth in this Agreement. <br />C. As applicable, Agency's use of consultants and sub -consultants shall <br />adhere to the requirements of Metropolitan's Business Outreach Program as provided herein. <br />City of Santa Ana 3 Agreement No. 189280 <br />20C-10 <br />