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expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above for a three-year <br />term with the option for the City to grant a single two-year renewal, exercisable by a writing <br />by the City Manager and City Attorney, unless terminated earlier in accordance with <br />Section 16, below. <br />4. PREVAILING WAGES <br />Consultant is aware of the requirements of California Labor Code Section 1720, et <br />seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, <br />et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates <br />and the performance of other requirements on "public works" and "maintenance" projects. <br />If the services being performed are part of an applicable "public works" or "maintenance" <br />project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 <br />or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant <br />shall defend, indemnify and hold the City, its elected officials, officers, employees and <br />agents free and harmless from any claim or liability arising out of any failure or alleged <br />failure to comply with the Prevailing Wage Laws. <br />5. INDEPENDENT CONTRACTOR <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 <br />nor shall it be construed to create an employer -employee relationship, a joint venture <br />relationship, or to allow the City to exercise discretion or control over the professional <br />manner in which Consultant performs the services which are the subject matter of this <br />Agreement; however, the services to be provided by Consultant shall be provided in a <br />manner consistent with all applicable standards and regulations governing such services. <br />Consultant shall pay all salaries and wages, employer's social security taxes, <br />unemployment insurance and similar taxes relating to employees and shall be <br />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, <br />use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual <br />property embodied in plans, specifications, studies, drawings, estimates, and other <br />documents or works of authorship fixed in any tangible medium of expression, including <br />but not limited to, physical drawings or data magnetically or otherwise recorded on <br />computer diskettes, which are prepared or caused to be prepared by Consultant under <br />City of Santa Ana - RFP 24-085 <br />AMI Implementation Support Services <br />Page 19 of 32 <br />