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Section, unless the awarding agency has an approved labor compliance program by <br />the Director of Industrial Relations. <br />C. When prevailing wages apply to the services described in the scope of work, <br />transportation and subsistence costs shall be reimbursed at the minimum rates set <br />by the Department of Industrial Relations (DIR) as outlined in the applicable <br />Prevailing Wage Determination. See http://www.dir.ca.gov. Consultant shall be <br />responsible for any future adjustments to prevailing wage rates including, but not <br />limited to, base hourly rates and employer payments as determined by the <br />Department of Industrial Relations, Consultant is responsible for paying the <br />appropriate rate, including escalations that take place during the term of the <br />Agreement. <br />d. When prevailing rates apply, the Consultant is responsible for verifying compliance <br />with certified payroll requirements. Invoice payment will not be made until the <br />invoice is approved by City. <br />6. INDEPENDENT CONTRACTOR <br />Consultant shall, during the entire term of this Agreement, be construed to be an <br />independent contractor and not an employee of the City. This Agreement is not intended nor shall <br />it be construed to create an employer -employee relationship, a joint venture relationship, or to <br />allow the City to exercise discretion or control over the professional manner in which Consultant <br />performs the services which are the subject matter of this Agreement; however, the services to be <br />provided by Consultant shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. Consultant shall pay all salaries and wages, employer's social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />responsible for all applicable withholding taxes. <br />7. OWNERSHIP OF MATERIALS <br />This Agreement creates a non-exclusive and perpetual license for City to copy, use, <br />modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property <br />embodied in plans, specifications, studies, drawings, estimates, and other documents or works of <br />authorship fixed in any tangible medium of expression, including but not limited to, physical <br />drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or <br />caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant <br />shall require all subconsultants to agree in writing that City is granted a non-exclusive and <br />perpetual license for any Documents & Data the subconsultant prepares under this Agreement. <br />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 <br />Documents & Data, which were provided, to Consultant by the City. City shall not be limited in <br />any way in its use of the Documents and Data at any time, provided that any such use not within <br />the purposes intended by this Agreement shall be at City's sole risk. <br />Page 5 <br />