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3. TERM
<br />This Agreement shall commence all the date stated above and continue through October 9, 2021,
<br />unless terminated earlier in accordance with Section 16 below, The exact date(s) of any training courses
<br />shall be scheduled tea occur during the term or the Agreement: by mutual agreement by the parties. The
<br />term of the Agreement may be extended for up to one year upon a writing executed by the City Manager
<br />and the City Attorney.
<br />4. PREVAILING WAGES
<br />Consultant is aware of the requirements of California Labor Code Section 1720, eat scol., and 1770,
<br />et seq,, as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage
<br />Laws"), which require the payment of prevailing wage rates arid the Performance of other requirements
<br />on "public works" and "inaftitentinuc" Projects, ff the services being perfori-ned are part of an applicable
<br />"public works" or "maintenance" project, as defined by the Prevailing Wage Laws., and the total
<br />compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws.
<br />Consultant shall defend, indemnify and hold the City, its elected officials, offirUS, employees and agents
<br />free and hamiless from any claim or liability arising out of any failure or alleged failure to comply with
<br />the Prevailing Wage Laws,
<br />S. INDEPENDENT CONTRACTOR
<br />Consultant shall, during the entire time of this Agreement, be construed to be. an indqpendent
<br />contractor and not an employee of die City. This Agreement is not intended nor shall it be construed to
<br />croatean employer-employce relationship, a joint venture relationship, or to allow the City to exercise
<br />discretion or control over the professional manner in which Consultant pertorims the services which are
<br />the subject matter of this Agreement; however, the services to be Provided by Consultant hall be provided
<br />in a manner consistent with all applicable standards and regulations governing such services. Consultant
<br />shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar
<br />taxes relating 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,, 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 inedium of expression, including but not limited to, physical drawings or data magnetically or
<br />otherwise recorded on vornputer diskettes, which are prepared or caused to be prepared by Consultant
<br />under this Agreement (,"Documents & Data"). Consultant shall require all subcontractors to. agree in
<br />writing that City is granted a noti-exclusive and perpetual license for any Documents & Data the
<br />subcontractor prepares under this Agreement. Cornsultarit represents and warrants that Consultant has the
<br />legal right to license any and all Documents &. Data. Consultant makes no such representation and
<br />warranty in regard to Documents & Data which were provided to Consilhant by the City. City shall not
<br />be limited in any way in its use of the Documents and Data at any tirne, provided that any such use not
<br />within the purposes intended by this Agreerrictit shall be at City's sole risk.
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