|
for one 1-vear period upon a writing executed by the Citv Manager and City Attorney.
<br />4. PREVAILING WAGES
<br />Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et
<br />seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"),
<br />which require the payment of prevailing wage rates and the performance of other requirements on "public
<br />works" and "maintenance" projects. If the services being performed are part of an applicable "public works"
<br />or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or
<br />more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend,
<br />indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any
<br />claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
<br />5. INDEPENDENT CONTRATOR
<br />Consultant 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 be construed to create
<br />an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or
<br />control over the professional manner in which Consultant performs the services which are the subject matter
<br />of this Agreement; however, the services to be provided by Consultant shall be provided in a manner
<br />consistent with all applicable standards and regulations governing such services. Consultant shall pay all
<br />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 />6. OWNERSHIP OF MATERIALS
<br />This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
<br />sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications,
<br />studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of
<br />expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on
<br />computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement
<br />("Documents & Data"). Consultant shall require all subconsultants to agree in writing that City is granted a
<br />non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this
<br />Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all
<br />Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data
<br />which were provided to Consultant by the City. City shall not be limited in any way in its use of the
<br />Documents and Data at any time, provided that any such use not within the purposes intended by this
<br />Agreement shall be at City's sole risk.
<br />7 INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall
<br />require its subconsultants, if any, to obtain and maintain insurance as described below:
<br />a. Commercial General Liability Insurance. Consultant shall maintain commercial general
<br />liability insurance naming the City, its officers, employees, agents, volunteers and
<br />representatives as additional insured(s) and shall include, but not be limited to protection
<br />against claims arising from bodily and personal injury, including death resulting therefrom
<br />and damage to property, resulting from any act or occurrence arising out of Consultant's
<br />Page 2 of 8
<br />
|