|
procedures, Payment need not be made for work which fails to ineet the
<br />standards ofperformance set forth in the Recitals and Scope of Work, which may
<br />reasonably be expected by City,
<br />3. TERM
<br />This Agreement shall commence on the elate first written above and toripinate oft Aptil
<br />17, 2020, unless tenniriatQd earlier in accordance with. Section "1'7, below.
<br />4. PREVAX1<ING WAGES
<br />Contractor is aware of the requirements of California Labor Code Section 1.720, of seq.,
<br />and 1770, ct serf., as well as California Corte of Regulations, Title B, Seotio.n 16000, et segl ,
<br />("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
<br />performance of oilier requiretner1ts on "p6lic; -works" aad projeets. If the
<br />services being performe;d are part of an applicable "public. works„ or " maiaterntrce" project, as
<br />defined by the Prevailing Wage Laws, and the total compensation is $1,000 or. more, Contractor
<br />agrees to fully comply with sach Prevailing WRge Laws, Contractor shall defend, inner nify and
<br />hold the City, its elected officials, officers, emplayees and agonis free and. harmless frcrrn any
<br />claim or liability "ffig out of any failure or alleged failure to comply with the Provailing Wage
<br />Laws,
<br />5, INDEPENDENT CONTRACTOR
<br />Contractor -,ball, during the entire term of this Agreement, be, construed to be cm
<br />indepen-dent contractor and not an. employee of the City. This A.grocnrent is not intended nor
<br />shall it be construed to create an maployer•-employee 1:el.ationship, aaolrr.t vc,irture relationship, Or
<br />to allow the City to exercise discretion or control over the professional manner. in wlai.oh
<br />Contractor perfbnns the services which are the subject matter of this Agmanierrt; however, the
<br />services to 'he provided by Contractor shall be provided in a manner consistent with all
<br />applicable staodar'ds and regulations govoming svob services, Corrtrodor shall pay all salaries
<br />wid wages, employer's social security taxes, unemployment insurance and. similar taxes. relating
<br />to employees w•rd shall be responsible for all applicable withbolding taxes.
<br />6. OWNERSHIP Ol<3 MA.'TEMALS
<br />This Agracment creates a iron-exolusivc and perpetuO license far City to copy, use,
<br />modify, reuse, or sublicense any aad all copyrights, d.esigrs, and other intellectual property
<br />en.abodied in plans, specifications, studies, c1tawings, estirnates,, rind rathor docaamonts or works of
<br />authorship fixed in ariy tangible aiediurn of expression, incl-oiling; but riot limited to, physica.f
<br />drawings or data rnagrietically or otherwise recorded on computer diskettes, which are prepared
<br />or caused to be prepared. by Contractor tinder this A.greemont ("Documents & Data"),
<br />Contractor shall require all subcontractors to agree in writing that City is granted a tree -exclusive
<br />and perlaetual license fbr my Docun7onts & Data the subcontractor lrrepar6s un&,r this
<br />Agreement. Contractor roprwQllts all war'ratrts that Contractor has the legal rigbt to licotrse any
<br />and kill Documeats & Data, Contractor makds. no sudh representation and. warranty in regard to
<br />1'zige 2 of 9
<br />251-4
<br />
|