25D - AGMT ON-GOING CITY-WIDE CAMERA SYSTEM PROJECTS AND MAINTENANCE

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City and Consultant will confirm those areas and work will only begin upon receipt of authorization from HUD. Payment will not be authorized by the City for any work in these areas without said authorization. Any area that is not authorized for use of CDBG funds by HUD is subject to termination per section 19.c. below. 7. QUALIFIED PERSONNEL; NO ASSIGNMENT/SUBCONTRACTING a. Services performed under this Agreement shall be performed only by competent personnel under the supervision and employment of Consultant. Consultant will confirm with City's reasonable requests regarding assignment of personnel, but all personnel, including those assigned at City's request, shall be supervised by Consultant. b. Consultant is prohibited from assigning or subcontracting this Agreement or any part of it unless such action is approved by City in writing. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by Citypersonnel or by other consultants retained by City. 8. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 9. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an 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 Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant 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. 10. OWNERSHIP OF MATERIALS a. When this agreement is terminated, Consultant agrees to return to City all documents, drawings, photographs and other written or graphic materials, however produced, that 25D-8