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City. <br />[tomYM IiT <br />This Agreement shall commence on July 1, 2023 and terminate on June 30, 2024, unless <br />terminated earlier in accordance with Section 17, below. <br />4. PREVAILING WAGES <br />Vendor 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, Vendor agrees to fully <br />comply with such Prevailing Wage Laws. Vendor shall defend, indemnify and hold the City, its <br />elected officials, officers, employees and agents free and harmless from any claim or liability <br />arising out of any failure or alleged failure to comply with the Prevailing Wage Laws, <br />5. INDEPENDENT CONTRACTOR <br />Vendor 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 the <br />City to exercise discretion or control over the professional manner in which Vendor performs the <br />services which are the subject matter of this Agreement; however, the services to be provided by <br />Vendor shall be provided in a manner consistent with all applicable standards and regulations <br />governing such services. Vendor shall pay all salaries and wages, employer's social security taxes, <br />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, <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 or <br />caused to be prepared by Vendor under this Agreement ("Documents & Data"). Vendor shall <br />require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual <br />license for any Documents & Data the subcontractor prepares under this Agreement. Vendor <br />represents and warrants that Vendor has the legal right to license any and all Documents & Data. <br />Vendor makes no such representation and warranty in regard to Documents & Data that were <br />provided to Vendor by the City. City shall not be limited in any way in its use of the Documents <br />& Data at any time, provided that any such use not within the purposes intended by this Agreement <br />shall be at City's sole risk. <br />Page 2 of 9 <br />