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consultant services performed by the Consultant for work previously performed for <br />the City. <br />C. Payment by City shall be made within forty-five (45) days following receipt of <br />proper invoice evidencing work performed, subject to City accounting procedures. <br />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 be <br />expected by City. <br />3, TERM <br />the date first written above until November 5, 2022, <br />This Agreement shall commence on <br />unless terminated earlier in accordance with Section 17, below. <br />q, PREVAILING WAGES <br />ments of California Labor Code Section 1720, et seq., <br />Consultant is aware of the require <br />Title 8, Section 16000, et seq., <br />and 1770, et seq., as well as California Code of Regulations, <br />of prevailing wage rates and the <br />("Prevailing Wage Laws"), which require the pay P <br />lie works" and "maintenance" projects. <br />performance of other requirements on "pubproject ,[f the services <br />ublic works" r' <br />e Laws, andthetotal compensation is $1 OOOmaintor more, Consultantag agras defined ees being performed are o <br />the Prevailing Wag <br />fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold t e <br />nts <br />hless from any claim <br />l b lity arising out City its elected foflOfficers, <br />rm <br />any f ilureor alleged failure to comply ed <br />omplywiththeaPrevailing Wage Laws. or <br />g, INDEPENDENT CONTRACTOR <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 , a join Agreement <br />relationshipintended , orto <br />it be construed to create an employer -employee relationship, a j <br />allow the City to exercise discretion or control over the professional manner in which Consultant <br />ement; however, the services to be <br />performs the services which are the subject matter of this Agre <br />provided by Consultant shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. Consultant shall pay all salaries and wages, employer's social <br />security taxes, unemployment insurance and similar taxes relating to employees and shall be <br />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 />of <br />embodied in plans, specifications, studies, drawings, estimates, and other documents to works al <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 prepareCont <br />or <br />caused to be prepared by Consultant under this Agreement ("Documents & Data"). Co <br />Page 3 of 10 <br />#12067v2 <br />