USA SHADE & FABRIC STRUCTURES (SHADE STRUCTURES, INC.)

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independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages,employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for the design drawings ("Documents & Data") provided by Contractor to the City. Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data, Contractor makes no such representation and warranty in regard to Documents& Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. BONDING REQUIREMENTS Prior to the issuance of a building permit for the Project, the Contractor shall provide the City bonds by a corporate surety duly authorized to transact business in the State of California as follows: a. A performance bond in the form set forth in California Government Code, Section 66499.1, the Subdivision Map Act of the State of California in an amount equal to 100% of the amount set forth in Section 2 of this Agreement,which amounts to Sixty-Eight Thousand, Three Hundred Forty-One Dollars and Zero Cents ($68,341); and b. A defective materials and workmanship bond in the form set forth in California Government Code, Section 66499.3, the Subdivision Map Act of the State of California in an amount equal to 10% of the amount set forth in Section 2 of this Agreement, which amounts to Six Thousand, Eight Hundred Thirty-Four Dollars and Ten Cents($6,834.10). 8. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall procure and maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below for the duration of this Agreement: a. Minimum Scope and Limit of Insurance Page 3 of 10