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Attachment 1
<br /> compensation and prevailing wages If applicable, Consultant shall comply with all
<br /> prevailing wage laws, such as sections 1773, 1773 8, 1775, 1776, 1777 5, 1777 6, and
<br /> 1813 of the California Labor Code and any other applicable wage and hour law If any
<br /> violation of prevailing wage law associated with this Agreement is deemed to have
<br /> occurred by any court or administrative authority, Consultant shall forfeit to LPFD, as a
<br /> penalty, the sum of fifty dollars ($50 00) for each calendar day, or portion thereof, for
<br /> each laborer, worker, or mechanic employed, paid less than the applicable prevailing
<br /> rates for any work done to accomplish the purposes of this Agreement
<br /> 5. Compensation and Payment.
<br /> (a) The total compensation payable by Cities, on behalf of LPFD, to
<br /> Consultant for the Services SHALL NOT EXCEED the sum of $134,000 ("not-to-exceed
<br /> amount") Cities, on behalf of LPFD, shall compensate Consultant for the Services
<br /> rendered at the task amounts set forth in Exhibit "A" up to the not-to-exceed amount
<br /> Except as provided in the body of this Agreement, the task amounts are intended to be
<br /> Consultant's only compensation for the Services and is inclusive of all costs of labor,
<br /> licensing, permitting, travel expenses, overhead and administrative costs, and any-and-
<br /> all other costs, expenses, and charges incurred by Consultant, its agents, and
<br /> employees to provide the Services
<br /> (b) Cities, on behalf of LPFD, shall pay Consultant no later than 30 days after
<br /> LPFD receive a written invoice from Consultant and verifies the Services were
<br /> performed for the payment requested
<br /> 6 Term. The term of this Agreement commences on November 1, 2016, and
<br /> terminates upon the completion of the Services or June 30, 2018, whichever occurs
<br /> first
<br /> 7. Termination by City. Cities and LPFD may terminate any portion or all of the
<br /> Services by giving Consultant at least 30 calendar-days written notice Upon receipt of
<br /> a termination notice, Consultant shall immediately stop all work in progress on the
<br /> Services except where necessary to preserve the benefit of the work, and assemble the
<br /> work on the Services for delivery to LPFD on the termination date All compensation for
<br /> Services performed prior to the termination date shall be payable to Consultant in
<br /> accordance with Section 5
<br /> 8. Ownership of Documents. All drawings, designs, data, photographs, reports
<br /> and other items prepared or obtained by Consultant in the performance of the Services
<br /> are Cities' and LPFD's property and Consultant shall deliver them to LPFD upon
<br /> demand
<br /> 9. Copyright and Right of Use. All items created by Consultant for Cities and
<br /> LPFD under this Agreement are works made for hire, and Consultant shall give Cities
<br /> and LPFD the copyright and all intellectual property rights to all items developed,
<br /> prepared, and delivered as part of the Services Consultant agrees that all aspects of
<br /> the Services and items created thereby will be original works of creation and will not
<br /> use, in whole or in part, any work created by any other party, except when expressly
<br /> Professional Services Agreement Page 3
<br /> Rev 7/16
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