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Payments shall be made payable to the City at the following address: City of Santa Ana Public
<br />Works Agency, City of Santa Ana M-21, Administrative Services Manager, 20 Civic Center Plaza, PO
<br />Box 1988, Santa Ana, CA 92702. A late charge of ten percent (10%) shall be applied to any payment
<br />hereunder due but unpaid after the 151h of the month.
<br />6. PREVAILING WAGES
<br />Company 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, Company agrees to fully comply with such Prevailing Wage Laws.
<br />Company 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 />7. INDEPENDENT CONTRACTOR
<br />Company 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
<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 Company performs the services which are
<br />the subject matter of this Agreement; however, the services to be provided by Company shall be
<br />provided in a manner consistent with all applicable standards and regulations governing such services.
<br />Company shall pay all salaries and wages, employer's social security taxes, unemployment insurance
<br />and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes.
<br />8. OWNERSHIP OF MATERIALS
<br />This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
<br />reuse, or sublicense any and all copyrights, designs, and other 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 electronically, which are prepared or caused to be prepared by Company specifically
<br />for the City under this Agreement (Documents & Data). Company shall require all subcontractors to
<br />agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the
<br />subcontractor prepares under this Agreement. Company represents and warrants that Company has the
<br />legal right to license any and all Documents & Data. Company makes no such representation and
<br />warranty regarding Documents & Data which were provided to Company by the City. City shall not be
<br />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.
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