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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 <br />reserves the right 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 Agreement in the <br />capacity of an independent contractor and neither Agency and its participating entities, <br />consultants, and sub -consultants nor any of their employees shall be considered to be an <br />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 under <br />this Agreement. All consultants and sub -consultants and their billing rates shall <br />be approved by the Agency and shall be reflected in consultant and sub -consultant <br />invoices submitted by Agency to Metropolitan. Agency shall be liable and <br />accountable for any and all payments or other compensation to all consultants <br />and sub -consultants performing services under any Agency agreement that is <br />necessary and applicable to the performance and completion of this Agreement. <br />Metropolitan shall not be liable for any payment or other compensation for any <br />consultants or sub -consultants. <br />b. Agency's contracts with consultants and sub -consultants shall require consultants <br />and sub -consultant to maintain Workers' Compensation and Automobile Liability <br />insurance as required by the State of California and include the following articles: <br />Intellectual Property, Nonuse of Intellectual Property of Third Parties, Audit, <br />Indemnity and Equal Employment Opportunity and Affirmative Actions as set <br />forth in this Agreement. <br />C. As applicable, Agency's use of consultants and sub -consultants shall adhere to the <br />requirements of Metropolitan's Business Outreach Program as provided herein. <br />S Agreement No. 189280 <br />City of Santa Ana <br />