Agenda Packet_2025-04-15 - Laserfiche WebLink

Home Browse Search

b. Payment by City shall be made at net thixty (30) days following completion of the demolition project, subject to City accounting procedures. City and Contractor agree that all payments due and owing underthis Agreement shall be made through Automated Clearing House (ACH) transfers. Contractor agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided, the City will be authorized to deposit payinents directly into Contractor's account(s) with financial institutions. c. Payment need not be made for worlc w)iich fails to meet the standards of perfoitriance set foitli in the Recitals whicl'i may reasonably be expected by City. 3.TERM This Agreement sliall commence on the date first written above for a thtaee (3) year term, with the option for the City to grant up to two (2) one-year renewals, exercisable by a writing by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 16, below. 4.PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and I 770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), wliich require tl'ie payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed 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, Contractor agrees to fully comply witli such Prevailing Wage Laws. Contractor shall defend, indemnify and l'iold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5.INDEPENDENT CONTRACTOR Contractor shall, during the entire teim of tliis Agreement, be constiued 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 ei'nployer-employee relationsliip, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the serviccs which are the subject matter of tliis Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing sucli services. Contractor sliall pay all salaries and wages, employer's social security taxes, unemployment 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, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, shidies, drawings, estimates, and other docuinents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or City Council 20 – 191 4/15/2025