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b. Payment by City shall be made within 45 days (forty-five) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />Payment need not be made for work which fails to meet the standards of performance <br />set forth in the Recitals which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on [enter the start date or "the date first written above"] for a <br />number (3) year term with the option for the City to grant up to a one (2)-years renewal, <br />exercisable by a writing by the City Manager and City Attorney, unless terminated earlier in <br />accordance with Section 16, below. <br />C:J:7Mk%11I1'[clkylyli ** <br />Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and <br />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 services <br />being performed are part of an applicable "public works" or "maintenance" project, as defined by <br />the Prevailing Wage Laws, and the total compensation is $1,000 or more, CONTRACTOR <br />agrees to fully comply with such Prevailing Wage Laws. Contractor 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 CONTRACTOR <br />Contractor 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 <br />construed to create an employer -employee relationship, a joint venture relationship, or to allow <br />the City to exercise discretion or control over the professional manner in which Contractor <br />performs the services which are the subject matter of this Agreement; however, the services to <br />be provided by Contractor shall be provided in a manner consistent with all applicable standards <br />and regulations governing such services. Contractor shall pay all salaries and wages, employer's <br />social security taxes, unemployment insurance and similar taxes relating to employees and shall <br />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, <br />reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in <br />plans, specifications, studies, drawings, estimates, and other documents or works of authorship <br />fixed in any tangible medium of expression, including but not limited to, physical drawings or <br />data magnetically or otherwise recorded on computer diskettes, which are prepared or caused <br />IRFP 20-106 <br />014 <br />