|
4. PREVAILING WAGES
<br />Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770,
<br />et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (`Prevailing Wage
<br />Laws"), which require the payment of prevailing wage rates and the performance of other requirements
<br />on "public works" and "maintenance" projects. If the services being performed are part of an applicable
<br />"public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total
<br />compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws.
<br />Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents
<br />free and harmless from any claim or liability arising out of any failure or alleged failure to comply with
<br />the Prevailing Wage Laws.
<br />5. INDEPENDENT CONTRACTOR
<br />Consultant shall, during the entire tern of this Agreement, be construed to be an independent
<br />Consultant and not an employee of the City. This Agreement is not intended nor shall it be 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 Consultant performs the services which are
<br />the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided
<br />in a manner consistent with all applicable standards and regulations governing such services. Consultant
<br />shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar
<br />taxes relating to 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,
<br />or sublicense any and all copyrights, designs, andother intellectual property embodied in plans,
<br />specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
<br />tangible medium of expression, including but not limited to, physical drawings or data magnetically or
<br />otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
<br />under this Agreement (`Documents & Data"). Consultant shall require all subcontractors to agree in
<br />writing that City is granted a non-exclusive and perpetual license for any Documents & Data the
<br />subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the
<br />legal right to license any and all Documents & Data. Consultant makes no such representation and
<br />warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not
<br />be limited in any way in its use of the Documents and Data at any time, provided that any such use not
<br />within the purposes intended by this 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
<br />shall require its subcontractors, 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 />Page 2 of 8
<br />
|