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<br />4. INDEPENDENT CONTRACTOR <br /> <br />City shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the O.c. Health Care Agency. This Agreement is not <br />intended nor shall it be construed to create an employer-employee relationship, a joint venture <br />relationship, or to allow the O.C. Health Care Agency to exercise discretion or control over the <br />professional manner in which City performs the services which are the subject matter ofthis <br />Agreement; however, the services to be provided by City shall be provided in a manner <br />consistent with all applicable standards and regulations governing such services. City shall pay all <br />salaries and wages, employer's social security taxes, unemployment insurance and similar taxes <br />relating to employees and shall be responsible for all applicable withholding taxes. <br /> <br />6. INDEMNIFICATION <br /> <br />City agrees to and shall indemnify and hold harmless the O. C. Health Care Agency from <br />liability for personal injury, restitution or equitable relief arising out of claims for personal <br />injury, including health, and claims for property damage, which may arise from the direct <br />operations of the City or its contractors acting on its behalf which relates to the services <br />described in section 1 of this Agreement. <br /> <br />7. CONFLICT OF INTEREST CLAUSE <br /> <br />The parties each covenant that they presently have no interests and shall not have <br />interests, direct or indirect, which would conflict in any manner with performance of services <br />specified under this Agreement. <br /> <br />8. NOTICE <br /> <br />Any notice, tender, demand, delivery, or other communication pursuant to this <br />Agreement shall be in writing and shall be deemed to be properly given if delivered in person or <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 />Clerk ofthe 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 />telefacsimile (714) 647-6956 <br /> <br />With courtesy copies to: <br />Executive Director of Finance and Management <br />City of Santa Ana <br />20 Civic Center Plaza (M -11) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />telefacsimile (714) 647-5400 <br /> <br />2 <br />