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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 Centel 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 30th day of each calendar quarter. <br />6. PREVAILING WAGES <br />If required by law, Company shall satisfy the requirements of California Labor Code Section 1720, <br />et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., <br />("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of <br />other requirements on "public works" and "maintenance" projects. Company shall defend, indemnify and <br />hold the City, its elected officials, officers, employees and agents free and harmless from any claim or <br />liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws if so <br />required. <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 the <br />subject matter of this Agreement; however, the services to be provided by Company shall be provided in <br />a manner consistent with all applicable standards and regulations governing such services. Company shall <br />pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes <br />relating to 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, reuse, <br />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 under this <br />Agreement ("Documents & Data"). Company shall require all subcontractors to agree in writing that City <br />is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares <br />under this Agreement. Company represents and warrants that Company has the legal right to license any <br />and all Documents & Data. Company makes no such representation and warranty regarding Documents <br />& Data which were provided to Company by the City. City shall not be limited in any way in its use of <br />the Documents and Data at any time, provided that any such use not within the purposes intended by this <br />Agreement shall be at City's sole risk. <br />9. INSURANCE <br />Company shall procure and maintain for the duration of the contract insurance against claims <br />forinjuries to persons or damages to property which may arise from or in connection with the <br />Page 4 of 27 <br />