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Payments shall be made payable to the City at the following address: City of Santa Ana Public <br /> Works Agency, City of Santa Ana M-21, Administrative Services Manager, 20 Civic Centel Plaza, PO <br /> Box 1988, Santa Ana, CA 92702. A late charge of ten percent (10%) shall be applied to any payment <br /> hereunder due but unpaid after the 30th day of each calendar quarter. <br /> 6. PREVAILING WAGES <br /> If required by law,Company shall satisfy the requirements of California Labor Code Section 1720, <br /> et seq., 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 performance of <br /> other requirements on"public works" and"maintenance"projects. Company shall defend, indemnify and <br /> hold the City, its elected officials, officers, employees and agents free and harmless from any claim or 1 <br /> liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws if so <br /> required. <br /> i <br /> 7. INDEPENDENT CONTRACTOR <br /> { <br /> Company shall, during the entire term 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 Company performs the services which are the <br /> subject matter of this Agreement; however, the services to be provided by Company shall be provided in <br /> a manner consistent with all applicable standards and regulations governing such services. Company shall <br /> pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes <br /> relating to employees and shall be responsible for all applicable withholding taxes. i <br /> 8. OWNERSHIP OF MATERIALS <br /> i <br /> i <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 medium of expression, including but not limited to, physical drawings or data magnetically or <br /> otherwise recorded electronically, which are prepared or caused to be prepared by Company under this <br /> Agreement("Documents &Data"). Company shall require all subcontractors to agree in writing that City <br /> is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares <br /> under this Agreement. Company represents and warrants that Company has the legal right to license any <br /> and all Documents & Data. Company makes no such representation and warranty regarding Documents <br /> & Data which were provided to Company 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 /> 9. INSURANCE <br /> Company shall procure and maintain for the duration of the contract insurance against claims <br /> forinjuries to persons or damages to property which may arise from or in connection with the <br /> City Council 24 — 96 1/18/2022 <br /> Page 4 of 27 <br />