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BUTIER ENGINEERING, INC. (4)
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BUTIER ENGINEERING, INC. (4)
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Last modified
7/26/2023 2:22:20 PM
Creation date
7/26/2023 2:21:41 PM
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Contracts
Company Name
BUTIER ENGINEERING, INC.
Contract #
A-2023-093
Agency
Public Works
Council Approval Date
5/16/2023
Expiration Date
5/16/2024
Destruction Year
2029
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b. City agrees to compensate Contractor for any services provided to the City since <br />October 1, 2022 to the effective date, above. Contractor agrees to provide any and all <br />outstanding invoices for work rendered during this period no later than 90 days after <br />the effective date, above. No additional invoices for this period between October 1, <br />2022, and the effective date, will be accepted by the City, <br />c. Payment by City shall be made within forty-five (45) days following receipt of proper <br />invoice evidencing work performed, subject to City accounting procedures. Payment <br />need not be made for work which fails to meet the standards of performance set forth <br />in the Recitals which may reasonably be expected by City. <br />3. TERM <br />This Agreement shall commence on the date first written above for a one (1) year term <br />with the option for the City to grant up to two (2) one (1) year renewals, exercisable by a writing <br />by the City Manager and the City Attorney, unless terminated earlier in accordance with Section <br />16, below. <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 CONTRACTOR <br />Contractor shall, during the entire term of this Agreement, be construed to be an <br />independent Contractor 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 Contractor <br />performs the services which are the subject matter of this Agreement; however, the services to be <br />provided by Contractor shall be provided in a manner consistent with all applicable standards and <br />regulations governing such services. Contractor 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 />
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