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ATTACHMENT 1 <br />payment of prevailing wages as determined by Director of the California Department of <br />Industrial Relations. If applicable, Consultant shall post, at each job site, a copy of the <br />prevailing rate of per diem wages. Consultant shall forfeit fifty dollars ($50.00) for each <br />calendar day or portion thereof for each worker paid less than the stipulated prevailing rates <br />for any public work done under the Agreement by it or by any subcontractor. <br />11. Termination <br />a. For Convenience of City. The City may terminate this Agreement with 15 <br />working days written notice by mailing/ emailing a notice in writing to <br />Consultant that the Agreement is terminated. 15 days following the date <br />such notice is received by Consultant, said Agreement shall then be deemed <br />terminated, and no further work shall be performed by Consultant. If the <br />Agreement is terminated for convenience, the Consultant shall be paid on a <br />time and materials basis up to the termination date for the work performed <br />and for the activities and costs incurred by Consultant in completing project <br />closeout and data transfer as a result of the termination. <br />b. For Default If the Consultant fails to perform in the manner called for in the <br />Agreement, or if the Consultant fails to comply with any other provisions of <br />the Agreement, City may terminate this Agreement for default. Termination <br />shall be effected by serving a notice of termination on the Consultant setting <br />forth the manner in which the Consultant is in default. The Consultant shall <br />have 14 days from receipt of notice of termination to remedy the elements of <br />the default identified by City in the notice of termination, and if so <br />remedied, will no longer be deemed in default. If the Consultant fails to <br />remedy the default, The Consultant will only be paid for all work performed <br />to the date of termination as calculated by City based on Paragraph 10 a) <br />hereof, provided that such compensation shall not in any case exceed the <br />maximum sum set forth in Paragraph 7 hereof. <br />12. Non-Assianability. The Consultant shall not assign, sublet, or transfer this <br />Agreement or any interest or obligation therein without the prior written consent of the <br />City, and then only upon such terms and conditions as City may set forth in writing. <br />13. Indemnify and Hold Harmless. Consultant shall indemnify, and hold <br />harmless, the City and its officers and employees from and against all claims, losses, <br />damage, injury, and liability for damages to the extent caused by negligent acts, errors or <br />omissions of the Consultant in the performance of its services under this Agreement, <br />regardless of whether the City has reviewed and/or approved the work or services which <br />has given rise to the claim, loss, damage, injury or liability for damages. This <br />indemnification shall extend for a reasonable period of time after completion of the project <br />as well as during the period of actual performance of services under this Agreement. The <br />City's acceptance of the insurance certificates required under this Agreement does not <br />relieve the Consultant from its obligation under this paragraph. <br />