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3. TERM <br />This Agrecmentshall commence on the date firstwritten above and terminate on October 25, 2025 <br />unless terminated earlier in accordance with Section 17, below, <br />A. PREVAILING WAGES <br />Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, <br />et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage <br />Laws"), which require the payment of prevailing wage rates and the performance of other requirements <br />on "public works" and "maintenance" projects. If the services being performed are part or an applicable <br />"public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total <br />compensation is $1,000 or more, Contractor agrees to fully comply with such prevailing Wage Laws. <br />Contractor shall defend, indemnify and field the City, its elected officials, officers; employees and agents <br />free and harmless from any claim or liability arising out or any failure or alleged failure to comply with <br />the trevailing Wage Laws. <br />S. INDEPENDENT CONTRACTOR <br />Contractor shall, during the entire term of this Agreement, be construed to be an independent <br />Contractor and not an employee of the City. This Agreement is not intended nor shall it he construed to <br />create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise <br />discretion or control over the professional manner in which Contractor performs the services which are <br />the subject matter of this Agreement, however, the services to be provided by Contractor shall be provided <br />In It manner consistent with all applicable standards and regulations governing ,such services, Contractor <br />shall pay all salaries and wages, employer's social security taxes, uncroplayntent insurance and similar <br />taxes relating to employees and shall be responsible for all applicable withholding taxes, <br />6. OWNERSM P OF MATERIALS <br />This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, <br />or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, <br />specifications, studies, drawings, estimates, and other documents or works of authorship fixed in tiny <br />tangible medium of expression, including but not limited to, physical drawings or data magnetically or <br />otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor <br />under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in <br />writing that City is granted a non-exclusive and perpetual license for any Documents & Data the <br />subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the <br />legal right to license any and all .Documents & Data, Contractor makes no such representation and <br />warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not <br />be limited in any way in its use of the Documents and Data at any time, provided that any such use not <br />within the purposes intended by this Agreement shall be at City's sole risk. <br />Page 2 of 9 <br />