FULL AGENDA PACKET 2021-06-15 - Laserfiche WebLink

Home Browse Search

3, 4,14M This Agreement shall commence on the (late first written above and continue for a three 3 - veru- term. with the option for the City to rant one two (2)-vc111' renewal, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requticnrents of Califrania Libor C'odc Section 1720, ct seq., and 1770, et seq., as well as California Code. of Regulations, Title 8, Section 1b000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Tf the services being performed arc part of Lill applicable "public works" or "maintenance" pruiject, as defined by the Prevailing Wane Laws, and the total compensation is 51,000 ormore, Consultant agrees to fully comply with such Prevailing Wagc Laws. Consultant shall defend, inde nnit5 and hold the City, its elected officials, Officers, employees and agents free and harmless from an}' claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Taws. 5. INDEPENDENT CON 1'12AC VOli Consultant shall, during the entire tentr ol' 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 profossional manner in which Consultant performs the services which are the subject matter of this Agi-eement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations goventing such services. Consultant shall pay all salaries and wages, employer's social security taxes, ttnernploymcrtt insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates anon -exclusive and perpetual license for City to copy, use, modify, reuse, fir 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 drawing, or data magnetically or othawisc recorded on unuputa diskettes, which arc prepared or caused to be prepared by Consultant Tinder this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Douunents cot. Data the subcontractor prepares under this Agreement- Consultant represents and warrants that Consultant has tltc legal right to license any and all DOCL1111e1It5 & Data- Consultant makes tro SUCII representation and warranty in regard to DOcntnenl3 & Data which weree provided w Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that arry such rise not within the purposes intended by this Agreement shall be at City's sole risk, City Council 26 — 26 6/15/2021 City of Santa Ana 12FP 21-004 Pagc A2-2