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perf4rmance set forth in the Recitals and Scope of Work, which may reasonably be <br />expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above and terminate on June 18, <br />2021, unless terminated earlierin accordance with Section 17, below. The term ofthis Agreement <br />may be extended for one 2-year period 'upon a writing executed by the City Manager and City <br />Attorney. <br />4. PRAVAILINGWAGES <br />Consultant is aware of the requirements of California Labor Code Section 1720, ot seq., <br />and 1770, ot seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., <br />("Prevailing Wage LaW% which require the payment of prevailing wage rates and the <br />performance of other requirements on "public works" and'�maintenaace" projects. Iftheservices <br />being performed are part of an applicable "public works"or'!maintenance project, as defined by <br />the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to <br />fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the <br />Ci% its elected officials, officers, employees and agents free and hamiless from any claim or <br />liability arising out of any fititure or alleged failure to comply with the Prevailing Wage Laws. <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 nor shall <br />it be construed to create an employer -employee relationship, a joint venture relationship, or to <br />allow the City to exercise discretion or control over the profossional manner in which Consultant <br />porforms the services which are the subject matter of this Agreement; however, the services to be <br />provided by Consultant shall be provided in a manner consistent with all applicable standardsand <br />regulations governing such services. Consultant shall pay all salaries and wages, employees social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />responsible for all applicable withholding taxes. <br />6. OWNERSW OF MATE' RIALS <br />This Agreement creates a non-exclusive and perpetual license for City to copy, use, <br />modify, rouse, or sublicense any and all copyrights, designs, slid other intellectual property <br />embodied in plans, specifications, studies, drawings, estimates, and other docurnents 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 or <br />caused to be prepared by Consultant under this Agreement CDocuments & Data"). Consultant <br />shall require all subconsultants to agree in writing that City is granted a non-exclusive and <br />perpetual license for any Documents & Data the subconsultant prepares under this Agreement. <br />Consultant represents and warrants that Consultant has the legal right to license any and all <br />Documents & Data. Consultant makes no such representation and warranty in regard to <br />Page 2 of 9 <br />25E-704 <br />