FULL AGENDA PACKET_2021-04-20 - Laserfiche WebLink

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j. TLRM This Agrcconent shall commence on the date lint written above and terminate on April 11), 2024, ilrlless terminated earlier in accordance With Section 16, bcluw. The term of this Agreement may be extended for two 1-year periods upon it writing executed by the Cky Manager and Cily Attorney. 4. VIONAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as Califtmia Code of Regulations, Title R, Section 16000, et seq., ('Prevailing Wage Laws"), which require the payment of prevailing wane rates and the perfonnnice of other requirements on "public works" and "maintenance" projects. if the services being perlorned are part (-'fall applicable "publie works" or "maintenance" project, as detined by the Prevailing Wage Laws, and the total compensation is $1,000 or more. Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agenls free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. S. INDEPENDENT CONTRACTOR (,unultant shall, during the entire teen of this Agreetent, be construed to he an independent Couuacwr zinc] not an conpluyce of doe City. This Agreement is not intended nor shall it be cunstrucd lu 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 perinrms the services which are the subject matter of this Agreement; however, the services to he provided by Consultant shal I be provided in a rnanncr consistent with all applicable standards and regulations governing sttclr services. Consultant shall pay all salaries and wages, employers social sCCurity taxes, uricmploymctn iltsurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. G. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license tier City tit copy, use, ulodity, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specification,~, sludies, drawings, estimates, and oilier documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data nrarrnetically or othcttivisc recorded on computer diskctics, Which arc 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 airy Documems &. Data the subconn actin -prepares Under this Agreement_ Consultant represents and warrants that Consultant has the legal tight to license any and all DoCUnnents & Data_ Consultant Makes no such representation and warranty in regard to Documents & Data which wac provided to Consultant by tltc City. City shall not be limited in any way in its use of the Documents and Data at any tine, provided that any such use not within the purposes intended by this Agreement shall be al C'ity's sole risk. City Council ' -,- " —18 — 6 4/20/2021