FULL AGENDA PACKET 2021-07-06 - Laserfiche WebLink

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Payment need not be made for work which fails to meet the standards of perfmTrranee set lol-th in the Recitals and Scope of Work, which may reasonably be expected by City. 3. TERM This Agreement shall cotimmicc on the elate first written above and terminate on July 5, 2024, unless terminated earlier in accordance with Section 17, below. The tcrin of this Agreement may be extended for two 1--year periods upon a writing executed by the City Manager and City Attorney. 4. PREVAiLiNC WAGES Consultant is aware of the requirements of California I,alior Code Section 1720, et seq., and 1770, el seq., as well as Califorma Code of Regulations, Title R, Section 16000, el seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the pertorrnanee of other requirernents on "public works", and -maintenance- projects. If the services being performed are part of )it applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Taws, and the total Compensation is .S1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall detcnd, indemnify and hold the City, its elected officials, ofliecrs, employees and agents lice and harmless front any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Corut,ltant shall, during the cutirc term of this Agreement, be constnlul 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 Consultant performs the scrviccs which are tbc. subject matter of this Agreement; however, the servviecs to be provided by Consultam shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemplornent insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, retrsC or- Sublicense any and all copyrights, designs, and other intclleeural property embodied in plans, specifications, studies, drawings, estimates, and other dOCntnenl] or works of authorship fixed in an-y 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 Consultant ender this Agi-eenrert ("Documents & D,da"). Con ulturlt shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultaot prepares under this Agreernent. Consultant reprCscnts and warrants that Consultant has the legal right to license any and all City Council 21 — 78 7/6/2021 Pagc 2 ol'8