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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. <br />Page 4 of 31 <br />