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4. PERFORMANCE PERIOD <br />a. This Agreement shall go into effect on the date first written above, contingent upon <br />approval by City, and Consultant shall commence work after notification to proceed <br />by City. This Agreement shall end on August 20, 2021, unless terminated earlier <br />in accordance with Section 21. The term of this Agreement may be extended for <br />up to two 1 -year periods upon a writing executed by the City Manager and City <br />Attorney. <br />b. Consultant is advised that any recommendation for contract award is not binding <br />on City until the Agreement is fully executed and approved by City. <br />C. The period of performance for each specific project shall be in accordance with the <br />Task Order for that project. If work on a Task Order is in progress on the expiration <br />date of this Agreement, the terms of the Agreement shall be extended by <br />amendment. <br />5. STATE PREVAILING WAGE RATES <br />a. If applicable, Consultant shall comply with the State of California's General <br />Prevailing Wage Rate requirements in accordance with California Labor Code, <br />Section 1770, and all Federal, State, and local laws and ordinances applicable to <br />the work. <br />b. Any subcontract entered into as a result of this Agreement, if for more than $25,000 <br />for public works construction or more than $15,000 for the alteration, demolition, <br />repair, or maintenance of public works, shall contain all of the provisions of this <br />Section, unless the awarding agency has an approved labor compliance program by <br />the Director of Industrial Relations. <br />C. When prevailing wages apply to the services described in the scope of work, <br />transportation and subsistence costs shall be reimbursed at the minimum rates set <br />by the Department of Industrial Relations (DIR) as outlined in the applicable <br />Prevailing Wage Determination. See http://www.dir.ca.gov. <br />6. INDEPENDENT CONTRATOR <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 shall <br />it be construed to create an employer-employee relationship, a joint venture relationship, or to <br />allow the City to exercise discretion or control over the professional manner in which Consultant <br />performs the services which are the subject matter of this Agreement; however, the services to be <br />provided by Consultant shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. Consultant shall pay all salaries and wages, employer's social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />responsible for all applicable withholding taxes. <br />Page 4 of 14 <br />