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b, Payment by City shall be made within forty-five (45) days following receipt of
<br />proper invoice evidencing work performed, subject to City accounting
<br />procedures. Payment need not be made for work which 'fails to meet the
<br />standards of performance set forth in the Recitals and Scope of Work, which may
<br />reasonably be expected by City.
<br />3. TERM
<br />This Agreement shall commence on the date first written above and tenninate on
<br />November 30, 2020, unless terminated earlier in accordance with Section 17, below, The terra
<br />of this Agreement may be extended for one 2-year period upon a writing executed by the City
<br />Manager and City Attorney,
<br />4. PREVAILING WAGES
<br />Consultant 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, Consultant
<br />agrees to Illy comply with such Prevailing Wage Laws. Consultant 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 CONSULTANT
<br />Consultant shall, during the entire term of this Agreement, be tonsured to be an
<br />independent Contractor and not an employee of the City. This Agreement is not intended nor
<br />sha€l 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 />Consultantperforms the services which are the subject matter of this Agreement; however, the
<br />services to be provided by Consultant shall be provided in a manner consistent with all
<br />applicable standards and regulations governing such services, Consultant 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 />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 ether 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
<br />or caused to be prepared by Consultant. under this Agreement ("Docrunents & Data"),
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