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proper invoice evidencing work performed, subject to City accounting <br /> procedures. City and Contractor agree that all payments due and owing under this <br /> Agreement shall be made through Automated Clearing House (ACH) transfers. <br /> Contractor agrees to execute the City's standard ACH Vendor Payment <br /> Authorization and provide required documentation. Upon verification of the data <br /> provided, the City will be authorized to deposit payments directly into <br /> Contractor's account(s)with financial institutions. <br /> c. Payment need not be made for work which fails to meet the standards of <br /> performance set forth in the Recitals and Scope of Work, which may reasonably <br /> be expected by City. <br /> 3. TERM <br /> This Agreement shall commence on the date first written above and terminate on <br /> December 31, 2026, unless terminated earlier in accordance with Section 17,below. The term of <br /> this Agreement may be extended for up to one (1) one-year periods upon a writing executed by <br /> the City Manager and City Attorney. <br /> 4. PREVAILING WAGES <br /> Contractor is aware of the requirements of California Labor Code Section 1720, et seq., <br /> and 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 <br /> services being performed are part of an applicable "public works" or "maintenance" project, as <br /> defined by 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 <br /> independent contractor and not an employee of the City. This Agreement is not intended nor <br /> shall it be construed to create an employer-employee relationship, a joint venture relationship, or <br /> to allow the City to exercise discretion or control over the professional manner in which <br /> Contractor performs the services which are the subject matter of this Agreement; however, the <br /> services to be provided by Contractor shall be provided in a manner consistent with all <br /> applicable standards and regulations governing such services. Contractor shall pay all salaries <br /> and wages, employer's social security taxes, unemployment insurance and similar taxes relating <br /> to employees and shall be responsible for all applicable withholding taxes. <br /> Page 2 of 11 <br />