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<br /> b. payment by City shall ba made at net thirty(30)clays following completion of the demolition i
<br /> project, subject to City accounting procedures. City and Contractor agree that all payments
<br /> due and owing under this Agreement shall be made through Automated Cleaning House(ACH)
<br /> transfers. Conti-actor agrees to execute the City's standard ACH Vendor Payment
<br /> Authorization and provide required documentation. Upon verification of the data provided,
<br /> the City will be authofized to deposit payruents directly into Contractor's accounts) with
<br /> financial institutions.
<br /> c. Payment need not be,made for work which fails to meat the standards of performance set forth
<br /> In the Recitals which znay reasonably be,expected by City, E
<br /> 3. TERM
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<br /> This Agreerrmnt shall commence an the date first written above for a three(3)year term,with the
<br /> option:for the City to grant up to two(2)one-year renewals,exercisable by a'wAting by tho City Manager
<br /> and the City Attorney,unless terminated earlier in accordance with Section 16, below,
<br /> 4. PREVAILING WAGES
<br /> Conductor is aware of'the requimments of California labor Code Section 1720,et seq,,and 1770,
<br /> et seq., as -well as C0fbrnia Code of Regulations, Title 8, Section 16000, of seq., ("Prevailing Wage i
<br /> -Laves"),which require the payment of prevailing wage rates and the performance of other requirements
<br /> can`°public vrtarlcs'°and"maintenance"projects. If the services being perfor od are part of an applicable
<br /> "public works" or "maintenan&' project, as defined by the Prevailing Wage Laves, and the total
<br /> compensation is$1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws,
<br /> Contractor shall defendJaderrrnify and hold the City,its elected officials,officers,employees and agents
<br /> free and hamiless from any claim or liability arising out of any failure or alleged failure to comply with
<br /> Cho Prevailing Wage Laws,
<br /> 5. INDEPENDENT CONTRACTOR
<br /> Contractor shall, during the entire tern of this Agreement, be construed to be an independent
<br /> oontractor axrd not an employee of the City. This Agreement is not intended nor shall it be construed to
<br /> create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise
<br /> discretion or control over tho professional mannot in which Contractor performs the services which are
<br /> the subject watter of this Agreement;however,the services to be provided by Contractor shall be provided
<br /> in a manner consistent with all applicable standards and regulations governing such services. Contractor
<br /> shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar
<br /> taxes relating to employees and shailI be responsible,for all applicable withholding taxes.
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<br /> 6. OWNERSHIP OF MATERIALS
<br /> This Agreement creates a non-exclusivo and perpetual license for City to copy,use, modify,reuse,
<br /> or sublicense any and all copyrights, designs, and purer intellectual property embodied in plans,
<br /> specifications, studies, drawings, estimates, and other documents or works of authorship fixod in arty
<br /> tangible medium of expression, including but not Iirnited to, physical drawings or data magnetically or
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