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consultant services perfarxned by the. Consultant For work previously porfouned For
<br />the city.
<br />D. Payment by City shall be made within .forty -rive (45) Clays. Bollowing 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 />poiformanec sat forth in tits Recitals and Scope of Work, which may reasonably be
<br />expected. by City.
<br />S. TERM
<br />This Agreement shall commence eta the date first wiI toil above until November 5, 2022,
<br />unless terminated earlier in accordance with section 11, below..
<br />h. PREVAILING WAGES
<br />Consultant is aware of tile requirements of California Labor Code: Section 17204 of seg,,
<br />and 17707 at sect,, as well as California Code of Regulations, Title 8, Section 1 GQUO, of ,
<br />(""Prevailing Wagp maws"), which require the payment of prevailing wage rates and the
<br />p0donniuide of other requii oments on "public works" fund `itnaintonartoe" projects, if the ;services
<br />being.porformled are part of an Applicable "public works" of "innaintenance" project, as detiried by
<br />the Prevailitng Woge_Lawws, and the:total compensation ks:S1,QUU oc':more, Consultant agrees to
<br />Ftdly comply with such Prevailing Wage Laws, Consultant shall defend, lndetin 4 and hold the
<br />t"i% its elected officials, officers, .cuiployees and agents free and harrinless from any claim or
<br />liability as icing out pF-+any:Ftll'tu a or alleged failure to comply with the Prevailing Wage Laws,
<br />5, INREPENPENI' CONTRACTOR
<br />Consultant shall,. ,during; the entice 'term of .this Agreement, be. construed to be wai
<br />independent contrautoz anik not ail employee Of the City. This AWeement is not intended n r shall
<br />it be doristrped. to oretdo. ati exnployor-etn2ployee relationship, a joint venture relationairip, Olt to
<br />allow tine City to oxercise discretion or contzal over the professional manner in which tC6;isaltant
<br />perlor•ms. the Wviees which.are the subject matter ofthis Agreement; however, tlic.setvices to be
<br />provided by Consultant shall beprovided in a tnautner consistent with a}lapplioAble standards and
<br />rolgilations governing well services, Consukolnt shall pay all salaries and wages, employer's. sooitll
<br />seoutrty taxes, mo.niployment hisurance anal similar taxes relating to ainployrops and .shall he
<br />responsible for all applioable, withholding taxers:
<br />fr, OWNERSHM P OF MA`S ER A.LS
<br />This Agreeknoiu ereatesa noh-sxolusive and perpetual liaphge for City to dopy, rise,
<br />niodily, reuse, or sn6lteense..any. And All oopyriglits, designs, and .other intchootuai property
<br />embodied inplans; specifications, studios, drawings, esthnatas, Arid gtlier documents or works of
<br />authorship fixed in any tazigible IbOdiutn of expressions, including but not iiuiiteel to, physical
<br />drawings or data magtnetically or othexwvise roecrdod on .computer diskettes; which'are prepared or
<br />causer] to be proparEd ;by Consititarit under this Agteatiialit ("bocnnncnts & Data"). Consultant.
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