FULL AGENDA PACKET 2021-06-15 - Laserfiche WebLink

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3. TERM. This Agrectnau shall commerce on the date first written above and terminate on June 14, 7074, unless terminated earlier in accordance with Section 17, below. l'hc term ofthis Agreement may be extended for one 2-year period upon a wriling execuled by the City Manager and Oily Anoroey. 4. PREVAILINC: WAC:ES Consultant is aware of the requirements of California Labor Code Section 1720, et seq_, and 1770, ct scq_, as well as Califomia Cock of Regulations, Title 8, Suction 16000, et scq_, ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services Living performed arc part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the Cowl compensation is $1,000 or more, Consullanl agrees to fully comply with such Prevailing Wagc Laws. Consultant shall dccnd, indenmify and hold the City, its elected officials, otticors, employees and agents free and harmless Hiatt any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during tic cutire term of this Agrecrncut, be Construed to be au independent contractor and not an employee ofthe City. 'this Agrccnnent is not intended nor shall it be construed to create an employer -employee relationship, a joint venutre relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant potions true services which arc the ;ul)icct matter of this Agrccmcnt however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards aid regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unennploynnent insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes_ 6. OWNERSHIP OF MATERIALS Thin Agreement creates a non-excusive and perpelual license lie City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intcllecural 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 other mse recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agrecnnent (::Documents & Data"). Consultant Shall require all SUbco113nha11l3 to agree in writing that City is granted a 11011-CAC1n31vC. and perpetual license for au_y Documents & Data the subconsuhant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all DgCumennt5 & Dala. Consultant maker no such represemation and warranty in regard to Documents & Data which were provided to 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 any such use not within the purposes intended by this Agrccmcnt shall be at City's sole risk. City Council 26 — 57 6/15/2021 Pagc 2 o I' 8