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<br />4. INDEPENDENT CONTRACTOR <br /> <br />Instructor shall, during the entire term of this Agreement, b~ \:onstrued to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor <br />shall it be construed to create an employer-employee relationship, a joint venture relationship, or <br />to allow the City to exercise discretion or control over the proJ~ssionall11anner in which <br />Instructor performs the services which are the subject matter of this Agreement. Instructor shall <br />be responsible for all applicable withholding taxes. <br /> <br />5. INDEMNIFICATION <br /> <br />Instructor agrees to and shall indemnify and hold harmless the City. its officers, agents, <br />employees, consultants, special counsel. and representatives from liability for personal injury, <br />damages, just compensation, restitution, judicial or equitable relief arising out of claims for <br />personal injury, including health, and claims for property damage, which may arise from the <br />direct or indirect operations of the Instructor which relates to the servi\.::es described in section I <br />of this Agreement. <br /> <br />6. CONFIDENTIALITY <br /> <br />If Instructor receives from the City information which due to the nature of such <br />information is reasonably understood to be confidential amI/or proprietary, Instructor agrees that <br />he shall not use or disclose such information except in the performance of this Agreement, and <br />further agrees to exercise the same degree of care he uses to protect his own information of like <br />importance, but in no event less than rea'sonable care. <br /> <br />7. CONFLICT OF INTEREST CLAUSE <br /> <br />Instructor covenants that he presently has no interests and shall not have interests, direct <br />or indirect, which would conflict in any manner with pertormance of services specified under <br />this Agreement. <br /> <br />8. NOTICE <br /> <br />Any notice, tender, demand, delivery, Of other communication pursuant to this <br />Agreement shall be in writing and shall be deemed to be properly given if delivered in person nr <br />mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other <br />telegraphic communication in the manner provided in this Section, to the following persons: <br /> <br />To City: <br /> <br />Santa Ana Police Department <br />Training Division <br />60 Civic Center Plaza (M-97) <br />P.O. Box 1988 <br />Santa Ana, CA 92702-1988 <br /> <br />To Instructor: Derrick ~latkins <br />6061 Fenley Drive <br />Huntington Beach, CA <br />92647 <br /> <br />2 <br />