|
terminated earlier in accordance with Section 15, below.
<br />4. PREVAILING WAGES
<br />Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq.,
<br />as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which
<br />require the payment of prevailing wage rates and the performance of other requirements on "public works" and
<br />"maintenance" projects. If the services being performed are part of an applicable "public works" or
<br />"maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more,
<br />Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold
<br />the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising
<br />out of any failure or alleged failure to comply with the Prevailing Wage Laws.
<br />5. INDEPENDENT CONTRACTOR
<br />Contractor shall, during the entire term of this Agreement, be construed to be an independent Contractor
<br />and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -
<br />employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the
<br />professional manner in which Contractor performs the services which are the subject matter of this Agreement;
<br />however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable
<br />standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social
<br />security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all
<br />applicable withholding taxes.
<br />6. OWNERSHIP OF MATERIALS
<br />This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or
<br />sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications,
<br />studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of
<br />expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on
<br />computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement
<br />("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-
<br />exclusive and perpetual license for any Documents & Data the sub Contractor prepares under this Agreement.
<br />Contractor 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 provided to
<br />Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time,
<br />provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk.
<br />INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall
<br />require its subcontractors, if any, to obtain and maintain insurance as described below:
<br />a. Minimum Scope and Limit of Insurance
<br />1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
<br />covering CGL on an "occurrence" basis, including products and completed
<br />operations, property damage, bodily injury and personal & advertising injury with
<br />limits no less than $1,000,000 per occurrence. If a general aggregate limit applies,
<br />either the general aggregatelimit shall apply separately to this project/location (ISO
<br />
|