|
City's standard ACH Vendor Payment Authorization and provide required
<br /> documentation. Upon verification of the data provided,the City will be authorized to
<br /> deposit payments directly into Consultant's account(s) with financial institutions,
<br /> Payment need not be made for work which fails to meet the standards of perfotinance
<br /> set forth in the recitals which may reasonably be expected by City.
<br /> 3. TERM
<br /> This Agreement shall commence on July 1,2025 for a three(3) year term and end on.rune
<br /> 30, 2028, unless terminated earlier in accordance with Section 16, below: The terns of this
<br /> Agreement may be extended for up to one (1), two-year period upon a writing executed by the
<br /> City Manager and the City Attorney,
<br /> 4. PREVAILING WAGES
<br /> Consultant is aware of the requirements of California Labor Code Section 1720, et seq.,
<br /> and 1.770, et seq,, as well as California Code of Regulations, Title 8, Section 1600, 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 hai niess form any claim or
<br /> liability arising;out of any failure or alleged failure to comply with the Prevailing Wage Laws.
<br /> S. INDEPENDENT CONTRACTOR
<br /> Con sultana shall, during the entire term of this Agreement, be construed to be an
<br /> independent Consultant and not an employee of'the City. This Agreertient is not intended nor shall
<br /> it be construed to create an employer-employee relationship, a joint venture relationship, or to
<br /> allowthe City to exercise discretion or control overthe professional manner in which Consultant
<br /> per:fo ns the services which are the subject matter of this Agreement;however,the services to be
<br /> provided by Consultant shall be provided.in a inmier 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 /> (. OWNERSHIP OF MATE,RIALS
<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, stridies, 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 C011sultant under this Agreement ("Docurwmts &Data"). Consultant
<br /> shall require all subcontractors to agree in writing that City is granted a non-exclusive and.
<br />
|