FULL AGENDA PACKET 2021-06-15 - Laserfiche WebLink

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h- Payment by City shall be made within 45 days (forty-five) days ftillowing receipt of proper- invoice evidencing wort: perl'onncd, sub'jcct to City accountinu proccdures. Payment need not be made for work which tails to meet the standards of performance set forth in tire Recitals which may reasonably be expected by City. 3. '1 Eltm This Agreement shall commence on the date first writmi above for a with the option for the City to grant lip to a renewals, exercisable by awriting by the City Manager and the Cily Altorney, unless terminated earlier in accordance with Section 16, below. 4. PREVAILING WAGES Consultant is aware of the requiranents of California Labor Code Section 1720, et scq-, and 1770, et seq., as well as California Code of Regulations, Title R, Section 16000. et seq-, ("Prevailing Wage Laws"), which t-ecµrire the payment of prevailing wage rates and the pertorrnauce of other requirements on "public works" and "maintenance" projects. It the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Taws, and the total compensation is 51,000 or more, Consukant agrees to fully comply with such Prevailing. Wage Laws. Consultant shall defcrld, indcnutifv and hold the City, its elected officials, officers, employees and agents tine and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDEN U CON UHAC1'O12 Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. 'I his Agrcanent is not intended nor shall it be construed to 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 pertorms the saviccs which are the subject matter of this Agrcemcut; howcvet', 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 tn,ages, employer's social security taxes, unemployment insurance and similar taxes rclatinu to clltployces and shall be responsible fin- all applicable withholding taxes- 6. OWNERSIIIP ON MATERIALS This Agreement creates a non-exclusive and petpetual license for City to copy, use, modify, reuse, or sublicuuc any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other doennicots orworks 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 undet this Avrccntcnt ("Docwucnts & Data"). Consultant Shall require all subcontractors to agrec in writing that City is granted a sou -exclusive and City Council 25 — 26 6/16i2041f 11 Non-[ ed I unding 16.1 -'O'M