Laserfiche WebLink
Page 4 of 12 <br /> <br />3-4. Independent Contractor: It is understood that CONSULTANT and its subcontractors, if <br />any, in the performance of the work and services agreed to be performed, shall act as and be <br />an independent contractor and shall not act as an agent or employee of the CITY. CITY <br />understands that CONSULTANT may perform similar services for others during the term of <br />this Agreement and agrees that CONSULTANT representation of other government sector <br />clients is not a conflict of interest. CONSULTANT shall obtain no rights to retirement benefits <br />or other benefits which accrue to CITY's employees, and CONSULTANT hereby expressly <br />waives any claim it may have to any such rights. <br /> <br />3-5. Subcontractors: CONSULTANT shall have the right to hire subcontractors to provide the <br />services described herein. CONSULTANT, in rendering performance under this Agreement <br />shall be deemed an independent contractor and nothing contained herein shall constitute this <br />arrangement to be employment, a joint venture, or a partnership. CONSULTANT shall be <br />solely responsible for and shall hold CITY harmless from any and all claims for any employee <br />related fees and costs including without limitation employee insurance, employment taxes, <br />workman’s compensation, withholding taxes or income taxes. <br /> <br />3-6. Notice: Any notice required to be given under this Agreement shall be in writing and either <br />served personally, sent prepaid first class mail, or by express mail courier (i.e. FedEx, UPS, <br />etc.). Any such notice shall be addressed to the other party at the address set forth below. <br />CONSULTANT invoice/billing statement notices to CITY shall be sent to CITY Primary <br />Representative/Project Manager or designees. All notices, including invoice/billing statement <br />notices and notices of address changes, provided under this Agreement are deemed received <br />on the third day after mailing if sent by regular mail, or the next day if sent by overnight delivery. <br />If sent by fax, communication shall be effective or deemed to have been given twenty-four <br />(24) hours after the time set forth on the transmission report issued by the transmitting <br />facsimile machine, addressed as set forth above. If sent by email, communication shall be <br />effective or deemed to have been given twenty-four (24) hours after the time set forth on the <br />delivery time stamp notated by the internet service provider, addressed as set forth above. <br />For purposes of calculating these time frames, weekends, City Hall closure dates, federal, <br />state, County or City holidays shall be excluded. <br /> <br />If to CITY: <br /> <br />Clerk of the City 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 />With courtesy copies to: <br />City of Santa Ana <br />Executive Director, Finance and Management Services Agency <br />City of Santa Ana <br />20 Civic Center Plaza (M-17) <br />Santa Ana, CA 92702 Phone: <br />(714) 647-6960 <br />Facsimile: (714) 647-5414