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procedures. Payment need not be made for work which fails to meet the
<br />standards of perfornaance see forth iia the Racitals and Scope of Work., which may
<br />r•easoaably be expected by City.
<br />:fid TERM
<br />This Agreement shall aonitn.e:nue on the date 'first written above sand terrihiate on April
<br />17, 2020, unless terminated earlier ki accordance with Section 17, below,
<br />4. PREVAllLING WAGES
<br />Contractor is aware of the roqui.rcrnents of California Labor Code Section 1720, et secl.,
<br />and :1770, et secl,, as well as California Code of Rogulations, "Title ii, 8 otiota 'l 6000, et secl.,
<br />("Prevailing wage: Laws"), Wkich require the payment of prevailing wage rates and tlae
<br />performance of other requirements on "public works" and "maintertance" projects, If the
<br />so rvices being porformed are put of rug applicable "public works" or "maintenance" project, as
<br />debited by the 17mvailing Wage Laws, and the total c.ompenution is $1,000 or more, Contractor
<br />agrees to frilly coraiply with such Pvcvalliag Wage Laws. Contractor shall defend, indouni fy acrd
<br />hold the City, its elected officials, officers, employees atd ago is f'rue and harmless fi•oni an.y
<br />clairia or liability arising out of aay faihrre or alleged failure to oomply with the prevailing wa.gu
<br />Laws,
<br />Sa IND EP.h,NDEI1°dT CON TRACTOR
<br />C"ontractm shall, during the entire term of this AgreetTiont., 'bo construed to be all.
<br />indo,pendent contmc;tor and not ui ems plcyee of thu City. This Agreement is not intended wir
<br />shall it be Construed to Create an employer-employee relationship, a joint venture relationship, or
<br />to allow the City to exercise clisaction or control over the professional manner in which
<br />Contr"ictor perforins the servicos whirh are the subject matter of this Agracuiertt, however, the
<br />setvice:s to be provided. by Contractor shall be provided in a manner consistent with all
<br />applicable starldat-ds and regulations governing such services, Contraotor Shall pay all salaries
<br />and wakes, einployer's social security taxes, 'urier1al.)loyxtaent and shtlilar taxes relating
<br />to employees and shall be responsible for all. applicablo withholding taxes,
<br />(i, ONAI ERSI,:CIia OF MATERIALS
<br />This Agqeenient creates a ricin -exclusive: and perpetual license for City io copy, use,
<br />modify, reuse, or sublicensc any and all copyrights, designs, and other intellectual property
<br />crrrbodicd in i tuns, specifications, studies, drawings, estiinates, and otlier docuinents or works of
<br />authorship fixed in any twgible modiram of expression", bacluding but not limited to, pllysic,il
<br />drawings or data inagnOtically or otherwise recorded on computer diskettes, which aro prq.)ared
<br />or causod to be prepared by Contractor under this Agreement ("Docuinents & Data").
<br />Contractor shall re"h"ire all subcontraotors to agree in writing that City is granted a "ton-exclusivo
<br />and peq)etua.1 license For any DocLrix o t"; & Dat:a the subcontractor prepares under this
<br />Agreeinent, Contractor represents and warrznts that Cont: Ttrctor has the, legal rigkit to license "Illy
<br />rand all Documents & Datil. Contractor irrakes no such represontation and warrulty in rogard to
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