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<br />M;irk MclntyrEl :.AgrElel1]enf~j <br /> <br />- <br /> <br />... <br /> <br />.. <br />..~,.. ,," <br /> <br />... ... ....-. .. <br /> <br />'_P.?Jle 2 JI <br /> <br />a. Invoices subrritled to City I11Jstcontain a brief description of work <br />performed, percentage of work cOrlllleted, percentage of contract tirre used, percentage of <br />contract armunt expended. payrrent shall be rrsde within thirty (30) days of receipt of <br />Consultanfs invoice. <br /> <br />b. Upon cOrlllletion of work and acceptance by City, Consultant shall have <br />sixty (60) days in wI1ich to subrrit final Invoicing for payment An extension rrsy be granted by <br />City upon receiving a written requestthirty (30) days in advance ohaid time lirritation. The <br />City shall have no obligation or liability to pay any invoice for work performed wI1ich the <br />Consultant fails or neglects to subrrit within sixty (60) days, or any extension thereof granted by <br />the City,after the work is accepted by the City. <br /> <br />6. Sufficlencv of Consultant's Work. Byexecuting this Agreement, Consultant <br />warrants that all services will be perforrred in a cOrllletent, professional and satisfactory rrsnner. <br />Should Consultant discover any latent or unknown conditions, It shall irrmediately inform City <br />and proceed only at its own riskuntillnstructed byClty. <br /> <br />7. Ownershlo of Work. All reports, work data, plans, drawings, specifications, <br />designs, photographs, Irrsges, works of authorship and all other documents cOrlllleted or <br />partially cOrlllleted by Consultant in the perforrrsnce of this Agreement ("rrsterials") shall <br />become the property of City. All rrsterials shall be delivered to the City upon cOrlllletion or <br />terrrination of the work under this Agreement If any rrsterials are lost darrsged or destroyed <br />before final delivery to the City, the Consultant shall replace them at its own expense. Any and <br />all copyrightable subject rrstter in all rrsterials is hereby assigned to the City and the Consultant <br />agrees to execute any additional documents that rrsy be necessary to evidence such assignment <br />Consultant shall keep rrsterials confidential and shall not be used for purposes other than <br />perforrrsnce of services under this Agreemen t and shall not be disclosed to anyone not <br />connected with these services, unless the City provides prior written consent <br /> <br />8. Changes. City rrsy request changes in the scope of services to be provided by <br />Consultant Any changes and related fees shall be I11Jtually agreed upon between the parties and <br />subject to a written amendment to this Agreement <br /> <br />9. Consultant's Status. In perforrring the obligations setforth in this Agreement, <br />Consultant shall have the status of an independent contractor and Consultant shall not be <br />considered to be an erlllloyee of the City for any purpose. All persons working for or under the <br />direction of Consultant are its agents and erlllloyees and are not agents or erlllloyees of City. <br /> <br />10. Labor CodelPrevalllng Wages. To the extent applicable, Consultant shall COrlllly <br />with the requirements of the California Labor Code including but notlirrited to hours of labor, <br />nondiscrirrinatio n, payroll records, apprentices, workers' corlllensation and payment of prevailing <br />wages as deterrrined by Oirector of the California Departrrent of Industrial Relations. Consultant shall <br />post, at each job site, a copy of the prevailing rate of per diem wages. Consultant shall forfeit fifty <br />dollars ($50.00) for each calendar day or portion thereo f for each worker paid less than the stipulated <br />prevailing rates for any public work done under the Agreemen t by it or by any subcontractor. <br /> <br />04105 <br /> <br />F\9l2015 <br />