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4. PRE' VAILING WAGES
<br />Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and
<br />1770, et seq,, as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing
<br />Wage Laws"), which require the payment of prevailing wage rates and the performance of other
<br />requirements on "public works" and "maintenance" projects. Since the services being performed are
<br />part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws,
<br />and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such
<br />Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials,
<br />officers, employees and agents free and harmless from any claim or liability arising out of any failure or
<br />alleged failure to comply with the Prevailing Wage Laws
<br />5. INDEPENDENT CONTRACTOR
<br />Contractor shall, during the entire tern 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 Contractor performs the services which are the
<br />subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in
<br />a manner consistent with all applicable standards and regulations governing such services, Contractor shall
<br />pay all salaries and wages, employer's social security taxes, imemployment insurance and similar taxes
<br />relating to employees and shall be responsible for all applicable withholding taxes.
<br />6. OWNERSI3IP 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 medimn of expression, including but not limited to, physical drawings or data magnetically or
<br />otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under
<br />this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that
<br />City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares
<br />under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any
<br />and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents
<br />& Data which were provided to Contractor 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 />7. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Contractor shall maintain and
<br />shall require its subcontractors, if any, to obtain and maintain insurance as described below;
<br />a. Commercial General Liability Insurance, Contractor shall maintain commercial general
<br />liability insurance naming the City, its officers, employees, agents, volunteers and
<br />representatives as additional insured(s) and shall include, but not be limited to protection
<br />against claims arising from bodily and personal injury, including death resulting therefrom
<br />and damage to property, resulting from any act or occurrence arising out of Contractor's
<br />operations in the performance of this Agreement, including, without limitation, acts
<br />involving vehicles. The amounts of irnsirrance shall be not less than the following: single
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