IES INTERACTIVE TRAINING 1-2004 - Laserfiche WebLink

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To City: To IES: City of Santa Ana Police Department 60 Civic Center Plaza, M-97 P.O. Box 1981 Santa Ana, Califomia 92702 telefacsimile (714) 245-8097 Attn: IES Interactive Training USA 8250 E. Park Meadows Drive Suite 100 Littleton, Colorado 80124 telefacsimile (303) 858-1579 Attn: 13. ENTIRETY OF AGREEMENT; MODIFICATION; WAIVER SEVERABILITY This Agreement represents the complete and exclusive statement of Agreement between the City and IES. This Agreement may not be modified except by written instrument executed by authorized representatives of each party. The parties agree that any tenns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the tenns and conditions hereof, shall not bind or obligate IES nor the City. 14. NON-ASSIGNMENT OF AGREEMENT Inasmuch as this Agreement is intended to secure the specialized services ofIES, IES may not assign, transfer, delegate or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or sublease without the City's prior written consent shall be considered null and void. 15. INDEPENDENT CONTRACTOR IES, shall, during the entire tenn of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship or to allow the City to exercise discretion or control over the professional manner in which IES perfonns the services which are the subject matter of this Agreement, provided, however, that the services will be perfonned in a manner consistent with all applicable standards and regulations goveming such services. 16. CERTIFICATION OF NONDISCRIMINATION IES shall not discriminate because of race, color, religion, sex, sexual orientation, age, national origin or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, tennination or other employment related activities. IES affinns that is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. VALIDITY If any tenn, covenant, condition or provision of this Agreement is help by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions hereof shall remain in full force and affect and shall in no way be affected, impaired or invalidated thereby. 40f5