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4. PREVAILING WAGES
<br />Consultant is aware of the requirements of California Labor Code Section 1720, et seq,,
<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 "maintenance" projects. if the
<br />services being performed are part of an applicable "public works" or "maintenance" project, as
<br />defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant
<br />agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and
<br />hold the City, its elected officials, officers, employees and agents free and harmless from any
<br />claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage
<br />Laws,
<br />5. INDEPENDENT CONSULTANT
<br />Consultant 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
<br />shall it be construed to create an employer-employee relationship, a joint venture relationship, or
<br />to allow the City to exercise discretion or control over the professional manner in which
<br />Consultant performs the services which are the subject matter of this Agreement; however, the
<br />services to be provided by Consultant shall be provided in a manner consistent with all
<br />applicable standards and regulations governing such services. Consultant shall pay all salaries
<br />and wages, employer's social security taxes, unemployment insurance and similar taxes relating
<br />to employees and shall be responsible for all applicable withholding taxes,
<br />6. OWNERSHIP 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 documents or works of
<br />authorship fixed in any tangible medium of expression, including but not limited to, physical
<br />drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared
<br />or caused to be prepared by Consultant wider this Agreement ("Documents & Data"),
<br />Consultant shall require all subconsultants to agree in writing that City is granted a. non-exclusive
<br />and perpetual license for any Documents & Data the subconsultant prepares under this
<br />Agreement. Consultant represents and warrants that Consultant has the legal right to license any
<br />and all Documents & Data. Consultant makes no such representation and warranty in regard to
<br />Documents & Data which were provided to Consultant by the City. City shall not be limited in
<br />any way in its use of the Documents and Data at any time, provided that any such use not within
<br />the purposes intended by this Agreement shall be at City's sole risk,
<br />7. INSURANCE
<br />Prior to undertaking performance of work under this Agreement, Consultant shall
<br />maintain and shall require its subconsultants, if any, to obtain and maintain insurance as
<br />described below;
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