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b. Upon completion of work and acceptance by City, Consultant shall have <br />sixty (60) days in which to submit final invoicing for payment. An extension may be granted by <br />City upon receiving a written request thirty (30) days in advance of said time limitation. The <br />City shall have no obligation or liability to pay any invoice for work performed which the <br />Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by <br />the City, after the work is accepted by the City. <br />6. Sufficiency of Consultant's Work. 13y executing this Agreement, Consultant <br />warrants that all services will be performed in a competent, professional and satisfactory manner. <br />Should Consultant discover any latent or unknown conditions, it shall immediately inform City <br />and proceed only at its own risk until instructed by City. <br />7. Ownership of Work. All reports, work data, plans, drawings, specifications, <br />designs, photographs, images, works of authorship and all other documents completed or <br />partially completed by Consultant in the performance of this Agreement ("materials") shall <br />become the property of City. All materials shall be delivered to the City upon completion or <br />termination of the work under this Agreement. If any materials are lost, damaged or destroyed <br />before final delivery to the City, the Consultant shall replace them at its own expense. Any and <br />all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant <br />agrees to execute any additional documents that may be necessary to evidence such assignment. <br />Consultant shall keep materials confidential and shall not be used for purposes other than <br />performance of services under this Agreement and shall not be disclosed to anyone not <br />connected with these services, unless the City provides prior written consent. <br />8. ChanEes. City may request changes in the scope of services to be provided by <br />Consultant. Any changes and related fees shall be mutually agreed upon between the parties and <br />subject to a written amendment to this Agreement. <br />9. Consultant's Status. In performing the obligations set forth in this Agreement, <br />Consultant shall have the status of an independent contractor and Consultant shall not be <br />considered to be an employee of the City for any purpose. All persons working for or under the <br />direction of Consultant are its agents and employees and are not agents or employees of City. <br />10. Labor Code/PrevailinE Wages. fo the extent applicable, Consultant shall comply <br />with the requirements of the California Labor Code including but not limited to hours of labor, <br />nondiscrimination, payroll records, apprentices, workers' compensation and payment of prevailing <br />wages as determined by Director of the California Department 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 thereof for each worker paid less than the stipulated <br />prevailing rates for any public work done under the Agreement by it or by any subcontractor. <br />11. Termination of Convenience of City. The City may terminate this Agreement at <br />any time by mailing a notice in writing to Consultant. The Agreement shall then be deemed <br />terminated and no further work shall be performed by Consultant. If the Agreement is so <br />terminated, the Consultant shall be paid for that percentage of the work actually completed at the <br />time the notice of termination is received. <br />04/05 Page 2 of 5 <br />