Laserfiche WebLink
performance set forth in the Recitals and Scope of Work, which may reasonably be <br /> expected by City. <br /> 3. TERM <br /> This Agreement shall commence on the date first written above and terminate on <br /> unless terminated earlier in accordance with Section 17, below. The term of this <br /> Agreement may be extended for two, one-year periods upon a writing executed by the City <br /> Manager and City Attorney. <br /> 4. PREVAILING WAGES <br /> Consultant is aware of the requirements of California Labor Code Section 1720, et seq., <br /> and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., <br /> ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the <br /> performance of other requirements on"public works" and"maintenance"projects. If the services <br /> being performed are part of an applicable "public works" or"maintenance" project, as defined by <br /> the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to <br /> fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the <br /> City, its elected officials, officers, employees and agents free and harmless from any claim or <br /> liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. <br /> 5. INDEPENDENT CONSULTANT <br /> Consultant shall, during the entire term of this Agreement, be construed to be an <br /> independent Consultant and not an employee of the City. This Agreement is not intended nor shall <br /> it be construed to create an employer-employee relationship, a joint venture relationship, or to <br /> allow the City to exercise discretion or control over the professional manner in which Consultant <br /> performs the services which are the subject matter of this Agreement; however, the services to be <br /> provided by Consultant shall be provided in a manner consistent with all applicable standards and <br /> regulations governing such services. Consultant shall pay all salaries and wages, employer's social <br /> security taxes, unemployment insurance and similar taxes relating to employees and shall be <br /> responsible for all applicable withholding taxes. <br /> 6. OWNERSHIP OF MATERIALS <br /> This Agreement creates a non-exclusive and perpetual license for City to copy, use, <br /> modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property <br /> embodied in plans, specifications, studies, drawings, estimates, and other documents or works of <br /> authorship fixed in any tangible medium of expression, including but not limited to, physical <br /> drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or <br /> caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant <br /> shall require all subconsultants to agree in writing that City is granted a non-exclusive and <br /> perpetual license for any Documents & Data the subconsultant prepares under this Agreement. <br /> Consultant represents and warrants that Consultant has the legal right to license any and all <br /> Documents&Data.Consultant makes no such representation and warranty in regard to Documents <br /> City of Santa Ana RFP 26-018 Page A2-2 <br />