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a. As a condition of such payment, the City Manager, or his/her designee, may require Vendor to <br />deliver to the City all work product completed as of such date, and in such case such work product shall be <br />the property of the City unless prohibited by law, and Vendor consents to the City's use thereof for such <br />purposes as the City deems appropriate. <br />b. Payment need not be made for work, which fails to meet the standard ofperformance specified in <br />this Agreement or any of the attachments hereto. <br />9. Independent Contractor <br />Vendor shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it lie construed to <br />create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise <br />discretion or control over the professional manner in which Vendor performs the services which are the <br />subject matter of this Agreement; however, the services to be provided by Vendor shall be provided in a <br />manner consistent with all applicable standards and regulations governing such services. Vendor shall pay <br />all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to <br />employees and shall be responsible for all applicable withholding taxes. <br />10. Notice <br />Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall <br />be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or <br />certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner <br />provided in this Section, to the following persons: <br />To City: Clerk of the 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 />With courtesy copies to: <br />Finance and Management Services Agency <br />Telecommunications Coordinator <br />City of Santa Ana <br />20 Civic Center Plaza (M -77) <br />P.O. Box 1988 <br />Santa Ana, CA 92702 -1988 <br />telefacsimile (7140 647 -6722 <br />and <br />City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza (M -29) <br />P.O. Box 1988 <br />Santa Ana, CA 92702 -1988 <br />telefacsimile (714) 647 -6515 <br />With courtesy copy to: <br />Vendor <br />44 <br />