FULL AGENDA PACKET 2021-07-06 - Laserfiche WebLink

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perfonnanec set forth in the Recitals and Scope of Work, which may reasonably be expected by City- 3. TERM This Agreement shall commence on the date first written above and terminate on July 5, 2024, ttnlcss tuminatcd carlicr in accordancewith Section 17, below. The term of'this Agrecancnt may be extended for two 1-year periods upon a writing executed by file City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, of seq., and 1770, ct seq., as well as California Code of Regulations, 'Title 8, Scction 16000, et scq., ("Prevailing Wage Laws-), which require the payment of' prevailing wage rates and the perlbrmanec ofotherrequiranents on "public works' and "maintenance" projects. Thlhe services being pertormed are part of an applicable "public works" or "maintenance' project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to fully crnnply with such Prevailing Wage Taws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents five and harmless from any claim or liability arising out of any Failure or alleged faihuc to comply with the Prevailing Wage Laws- 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire tern 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 constalied to create sn ennplo-ycr-employee relationship, a joitnt vcnnire relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a inanner consistent with all applicable standards and regulations governing such services. C0113ullarn shall pay all salaries atnd wage, cnnplover's social security raxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNE14SHIP OF 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 d0Cl11mCnls or works of authorship fixed in any tangible medium of expression, inoluding but not limited to, physical drawings or data magpeticall-y or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Docu rucnts & Data"). Consultant shall require all subconsokantt to agree in writing Ihat City is ranted a non-exclusive and perpetual license tin- any Documents & Data the subconsulutnt prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documcnts & Data. Consultant makes no such representation and warranty in rcoard to Documents City Council 21 — 5 7/6/2021 Page 2 ol'8