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4. PREVAILING WAGES
<br />Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and
<br />1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing
<br />Wage Laws"), which require the payment of prevailing wage rates and the performance of other
<br />requirements on "public works" and "maintenance" projects. If the services being performed are part of
<br />an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and
<br />the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage
<br />Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees
<br />and agents free and harmless from any claim or liability arising out of any failure or alleged failure to
<br />comply with the Prevailing Wage Laws.
<br />5. INDEPENDENT CONTRACTOR
<br />Consultant shall, during the entire term of this Agreen
<br />contractor and not an employee of the City. This Agreement is
<br />create an employer -employee relationship, a joint venture rel4
<br />discretion or control over the professional manner in whi4c*o
<br />the subject matter of this Agreement; however, the s
<br />provided in a manner consistent with all applicable s ar
<br />Consultant shall pay all salaries and wages, employer's
<br />and similar taxes relating to employees and shaldIbLesponsi
<br />�N
<br />6. OWNERSHIP OF MATERIALS
<br />ie�e construed to be an independent
<br />ended nor shall it be construed to
<br />Irns or to allow the City to exercise
<br />n rls
<br />sultan forms the services which are
<br />0 t
<br />0
<br />pro
<br />be pro ed by Consultant shall be
<br />d regulations governing such services.
<br />security taxes, unemployment insurance
<br />for all applicable withholding taxes.
<br />This Agreement creates a n
<br />sfFxclV aiVerpetual license for City to copy, use, modify,
<br />g
<br />ah
<br />1
<br />reuse, or sublicense any and a c ight, s Vhd other intellectual property embodied in plans,
<br />specifications, studies, drawings, es , an er documents or works of authorship fixed in any
<br />tangible medium of express* di ut not limited to, physical drawings or data magnetically or
<br />otherwise recorded on c uter di tes, ich are prepared or caused to be prepared by Consultant
<br />under this Agreement ( umen s ata"). Consultant shall require all subcontractors to agree in
<br />writing that City is grant non- lusive and perpetual license for any Documents & Data the
<br />subcontractor prepares under eement. Consultant represents and warrants that Consultant has
<br />the legal right to license any an 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 />against claims arising from bodily and personal injury, including death resulting
<br />therefrom and damage to property, resulting from any act or occurrence arising out of
<br />Consultant's operations in the performance of this Agreement, including, without
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