FULL AGENDA PACKET 2021-06-15 - Laserfiche WebLink

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expected by City. 3. TERM 1 his Agreement shall commence on July 1, 2021 and terminate on June 30, 2024, unless terminated earlier in accordance with Section 17, below_ The tern of this Agreement may be extended for two additional l-year periods upon a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California labor Code Section 1720, et seq., and 1.770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage. Laws"), which require the payment of prevailing wage rates and the performance of other tequu•ements on "public works' and "mamtenatme" pzofec s. If the set -vices being perfomud are pan' of an applicable -'Public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws_ Contractor shall defend, indenmify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor perforns the services which are the subject matter of this Agreement-, however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible Rtr all applicable withholding taxes. 6. OWNERSHIP OIL MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Cc»ttractor snakes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in City Council 25 — 42 6/15/2021 Page 2 of 8