FULL AGENDA PACKET 2021-07-06 - Laserfiche WebLink

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perftnirranec 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, tmlcss terminated carlia- in accordance with Section 17, below. The term of this Agreement may be extended for two 1-year periods upon a writing exceutecl by file City Manager and City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirenicnts of California Labor Code Section 1720, of scq., and 1770, ct seq., as well as California Code of Regulations, 'Title H, Section 16000, et scq., ("prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance ofother requircaments on "public works" and "maintenance" projects. TI' the 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 S1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Taws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents face and harmless from any claim or liability arising out Of arty falun-o or alleged lLtiltuc to comply with the Prevailing \Vage Laws- 5. INDEPENDENT CONTRACTOR COMsttltxni shall, during the entire teen of this Agreement, be construed to he an independent utnlractun-and nut an employee of tltc City. This Agreement is not intended nor shall it be construed to create an eniplover-employee relationship, a join venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant perfnnms the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a rmannci consistent with all applicable standards and regulations governing such services. Consultarn shall pay all salaries and wages, cnnplo-yer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be rc5ponsiblc for all applictrblc withholding taxes. 6. OWNERSHIP OF MATEMALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, nurdify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specilications, studies, drawings, estimates, and other documents Of- works of authorship fixed in any tangible tnediunn 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 under this Agreement ("Documents & Data"). Consultant ,hall require all ubconsultall k to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Dat<t the subconsuluutt prepares tinder Qtis Agreement - Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents City Council 21 — 250 7/6/2021