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CONSULTANT NAME: City of Santa Ana Contract No. C0809167 <br />4. Expenses: D[STRICT shall not be liable to CONSULTANT for any costs or expenses paid <br />or incurred by CONSULTANT in performing services for DISTRICT except as follows: <br />n!a <br />5. Independent Contractor: CONSULTANT, in the performance of this AGREEMENT, <br />shall be and act as an independent contractor. CONSULTANT understands and agrees that he/she <br />and all his/her employees shall not be considered officers, employees or agents of the DISTRICT, <br />and are not entitled to benefits of any kind or nature normally provided employees of the <br />DISTRICT and/or to which DISTRICT'S employees are normally entitled, including, but not <br />limited to, State Unemployment Compensation or Worker's Compensation. CONSULTANT <br />assumes the full responsibility for the acts and/or omissions of his/her employees or agents as they <br />relate to the services to be provided under this AGREEMENT. CONSULTANT shall assume full <br />responsibility for payment of all Federal, State and local taxes or contributions, including <br />unemployment insurance, social security and income taxes with respect to CONSULTANT'S <br />employees. <br />6. Materials: CONSULTANT shall furnish, at his/her own expense, all labor, materials, <br />equipment, supplies and other items necessary to complete the services to be provided pursuant <br />to this AGREEMENT except as follows: n/a <br />CONSULTANT'S services will be performed, findings obtained, reports and recommendations <br />prepared in accordance with generally and currently accepted principles and practices of his/her <br />profession. <br />7. Originality of Services: CONSULTANT agrees that all technologies, formulae, procedures, <br />processes, methods, writings, and ideas, dialogue, compositions, recordings, teleplays and video <br />productions prepazed for, written for, submitted to the DISTRICT and/or used in connection with <br />this AGREEMENT, shall be wholly original to CONSULTANT and shall not be copied in whole <br />or in part from any other source, except that submitted to CONSULTANT by DISTRICT as <br />basis for such services. <br />8. Copyright/Trademark/Patent: CONSULTANT understands and agrees that all matters <br />produced under this AGREEMENT shall become the property of DISTRICT and cannot be used <br />without DISTRiCT's express written permission. DISTRICT shall have all right, <br />z <br />5!30108 <br />