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4. PREVAILING WAGES
<br />Contractor is aware of the requirements of California, Labor Code Section 1720, et sect.,
<br />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
<br />performance of other requirements on "public works" and `4mainteaiance" projects. Since the
<br />services being performed are part of an applicable "public works" or "maintenance" project, as
<br />defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more,
<br />Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend,
<br />indemnify and hold the City, its elected officials, officers, employees and agents free and
<br />harmless from any claire or liability arising out of any failure or alleged failure to comply with
<br />the Prevailing Wage Laws
<br />S. INDEPENDENT CONTRACTOR
<br />Contractor 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 allow
<br />the City to exercise discretion or control over the professional manner in which Contractor performs
<br />the services which are the subject matter of this Agreement; however, the services to be provided
<br />by Contractor shall be provided in a manner consistent with all applicable standards and regulations
<br />governing such services. Contractor shall pay all salaries and wages, employer's social security
<br />taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for
<br />all applicable withholding taxes.
<br />6. OWNERST-HP 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 docuunents or works of
<br />authorship fixed. in any tangible medium o�P 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 Contractor under this Agreement ("Documents & .Data"). Contractor shall
<br />require all 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. Contractor
<br />represents 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 />larovided to Contructor 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 Agreement
<br />shall be at City's sole risk.
<br />INSURANCE,
<br />Prior to undertaking performance of work under this Agreement, Contractor shall maintain
<br />and shall require its subcontractors, if any, to obtain and maintain insurance as described below:
<br />a. Commercial General Liability Insurance, Contractor shall maintain commercial
<br />P
<br />eneral liability insurarvice naming the City, its officers, employees, agents,
<br />volunteers and representatives as additional innired(s) and shall include, but not be
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