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M;ucn~emetrt and the Cit_v AtR~rney [or the City and __ _ __ on behalf ol~ <br />C).C. IIralth Care. <br />4. 1NDGPENDENC CONTRAC'1'UR <br />City shall, during the entire lean of this Agreement, be construed to hr an independent <br />amll-actor and not an employee of the O.C. Health Care. 'phis Agrcerncnt is no[ intended nor <br />shall it be construed to create an employer-employee relationship, a joint venture relationship. or <br />to allow the O.C. }tealth Care to exercise discretion or control over the professional manner in <br />~~hich City performs the services which are the subject matter of this Agreement; however, the <br />services to he provided by City shall he provided in a manner consistent with al] applicable <br />standards and regulations governing such services. City shall pay all salaries and wages, <br />employer's social security taxes, unemployment insurnnce and similar taxes relating ro employees <br />and shall be responsible for all applicable withholding taxes. <br />6. INllE:~TVIFICA't'ION <br />Cit) agrees to sad shall indemnify and hold harmless the O. C. Health Care from liability <br />f~?r personal injury, restitution or equitable relief arising out of claims t~?r personal injury, <br />inchuling health, and claims for property damage, which may arise from the direct operations of <br />the City or its contractors acting on i(s behalf which relates to the services described in section I <br />of this Agreentrut. <br />CONFLICT' OF INTEREST CLAUSE <br />77~c parties each ciwenant that they presently have no interests and shall not have <br />interests; direct or indirect, which would contlict in any mamter with performance of services <br />specified under this,~grrcutenl. <br />8. NOTICE <br />Any notice, tender, demand, delivery, or other communication pursuzmt to this <br />\grcrment shall be in writing and shall be deemed to be properly given if delivered in person or <br />mailed by first class or certitled mail, postage prepaid, or sent by tclefacsimile ur other <br />telegraphic communication in the matuter provided in this Section, to the following persons: <br />fo City: Clerk of the Ciry Council <br />City of Santa Ana <br />~0 C'iyic Center Plaza (tit-30) <br />P.O. [3ox 1988 <br />Santa Ana, CA 9702-1988 <br />tclctitcsimile (714) 647-69% <br />\4'ith courtesy copies to: <br />Finance and Management Services Agency <br />