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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 Contractor <br />performs the services which are the subject matter of this Agreement; however, the services to be <br />provided by Contractor shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. Contractor 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 />6. OWNERSHIP OF MATERIALS <br />This Agreement creates a non-exclusive and perpetual license for the design drawings <br />("Documents & Data") provided by Contractor to the City. Contractor shall require all <br />subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for <br />any Documents & Data the subcontractor prepares under this Agreement. Contractor represents <br />and warrants that Contractor has the legal right to license any and all Documents & Data. <br />Contractor makes no such representation and warranty in regard to Documents & Data which were <br />provided to Contractor by the City. City shall not be limited in any way in its use of the Documents <br />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 />7. BONDING REQUIREMENTS <br />Prior to the issuance of a building permit for the Project, the Contractor shall provide the <br />City bonds by a corporate surety duly authorized to transact business in the State of California as <br />follows: <br />a. A performance bond in the form set forth in California Government Code, Section <br />66499.1, the Subdivision Map Act of the State of California in an amount equal to 100% of the <br />amount set forth in Section 2 of this Agreement, which amounts to Sixty -Eight Thousand, Three <br />Hundred Forty -One Dollars and Zero Cents ($68,341); and <br />b. A defective materials and workmanship bond in the form set forth in California <br />Government Code, Section 66499.3, the Subdivision Map Act of the State of California in an <br />amount equal to 10% of the amount set forth in Section 2 of this Agreement, which amounts to <br />Six Thousand, Eight Hundred Thirty -Four Dollars and Ten Cents ($6,834.10)_ <br />8. INSURANCE <br />Prior to undertaking performance of work under this Agreement, Contractor shall procure <br />and maintain and shall require its subcontractors, if any, to obtain and maintain insurance as <br />described below for the duration of this Agreement: <br />Minimum Scope and Limit of Insurance <br />Page 3 of 10 <br />