PCC NETWORK SOLUTIONS, A PACIFIC COAST CABLING, IMC.

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DocuSign Envelope ID: 16E20C22-8F82-4753-9AA0-16C4D2043907 Provision and installation of all fire -stopping material as required to maintain Fire rating of penetrated construction material or conduit pathways. Cleaning, patching, repairing, and touch-up painting as required. BICSI CERTIFIED APPRENTICES, INSTALLERS, AND TECHNICIANS ARE PREFERRED. Proposers are encouraged in their proposals to describe the availability of such work staff to perform services for the City. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City; a total maximum amount not to exceed Forty -Five Thousand Dollars ($45,000.00) during the term of this Agreement. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. TERM This Agreement shall commence on October 15, 2020, and continue for a one (1) year term through October 14, 2021, unless terminated earlier in accordance with Section 15, below. The Term of this Agreement may be extended by a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term 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 construed to create an employer-omployce relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant perfmsns the services which are the subject matter of this Agreement; however, the services to be provided by Consultant 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, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. 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, studies, drawings, estimates, and other documents or works of authorship fixed in any 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 under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all