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CITY OF SANTA ANA <br />RFP NO.: 24-003 <br />CLOSED CIRCUIT TELEVISION (CCTV) INSPECTION OF SANITARY SEWERS <br />3. TERM <br />This Agreement shall commence on the date first written above for a number (3) <br />year -term with the option for the City to grant up to a one (2)-year renewal, <br />exercisable by a writing by the City Manager and the City Attorney, unless terminated <br />earlier in accordance with Section 17, below. <br />4. PREVAILING WAGES <br />Consultant is aware of the requirements of California Labor Code Section 1720, et <br />seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section <br />16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing <br />wage rates and the performance of other requirements on "public works" and <br />"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, <br />and the total compensation is $1,000 or more, Consultant agrees to fully comply with <br />such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, <br />its elected officials, officers, employees and agents free and harmless from any claim <br />or liability arising out of any failure or alleged failure to comply with the Prevailing <br />Wage Laws. <br />5. 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 <br />intended nor shall it be construed to create an employer -employee relationship, a <br />joint venture relationship, or to allow the City to exercise discretion or control over <br />the professional manner in which Consultant performs the services which are the <br />subject matter of this Agreement; however, the services to be provided by Consultant <br />shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. Consultant shall pay all salaries and wages, <br />employer's social security taxes, unemployment insurance and similar taxes relating <br />to employees and shall be responsible for all applicable withholding taxes. <br />6. 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 <br />property embodied in plans, specifications, studies, drawings, estimates, and other <br />documents or works of authorship fixed in any tangible medium of expression, <br />including but not limited to, physical drawings or data magnetically or otherwise <br />recorded on computer diskettes, which are prepared or caused to be prepared by <br />Consultant under this Agreement ("Documents & Data"). Consultant shall require all <br />subcontractors to agree in writing that City is granted a non-exclusive and perpetual <br />license for any Documents & Data the subcontractor prepares under this Agreement. <br />City of Santa Ana RFP 24-003 <br />Closed Circuit Television (CCTV) Inspection of Sanitary Sewers <br />Page 28 <br />