Laserfiche WebLink
<br />6. Independent Contractor. The Contractor is an independent contractor retained by the <br />City. All personnel employed by the Contractor, including subcontractors, and personnel of <br />subcontractors, are not and shall not be employees ofthe City. <br /> <br />7. Contractor's Warranty. Contractor shall bear the risk ofloss or damage to any goods <br />associated with the services until delivered to and accepted by City. Contractor further warrants that all <br />work done and goods provided under this Agreement shall: a) meet all conditions of the Agreement; b) <br />shall be free from all defects in design, material and workmanship; and 3) shall be fit for the purposes <br />intended. If any defects occur within the 12 months following acceptance, Contractor shall be solely <br />responsible for the correction of those defects. <br /> <br />8. Labor Code. To the extent applicable, Contractor shall comply with all requirements <br />of the California Labor Code, including but not limited to, Labor Code sections: 1773.2 (regarding <br />posting wage determinations at each job site); section 1776 (regarding the certification, maintenance, <br />and availability for inspection of payroll records); section 1777.5 (regarding employment of <br />apprentices); section 1810 (regarding a legal day's work as 8 hours oflabor); and section 1775 <br />(regarding penalties for violations). The Contractor shall forfeit fifty dollars ($50.00) for each calendar <br />day or portion thereof for each worker paid less than the stipulated prevailing rates for any public work <br />done under the Agreement by it or by any subcontractor under Contractor. <br /> <br />9. Notices. All notices, demands, requests or approvals to be given under this Agreement <br />shall be given in writing and conclusively shall be deemed served when delivered personally or on the <br />second business day after the deposit thereof in the United States Mail, postage prepaid, registered or <br />certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from <br />Contractor to City shall be addressed to City at: <br /> <br />P.O. Box 520 <br />3333 Busch Road <br />P1easanton, CA 94566-5641 <br />Attention: Craig L. Higgins <br /> <br />All notices, demands, requests, or approvals from City to Contractor shall be <br />addressed to Contractor at: <br /> <br />10. Miscellaneous Provisions. <br /> <br />a. City may terminate this Agreement at any time by mailing a notice to <br />Contractor. Contractor shall be paid for that portion of work or services already completed by <br />Contractor as approved by City. <br /> <br />b. Contractor acknowledges that time is of the essence regarding the <br />performance of this Agreement. <br /> <br />Page 3 of 5 <br />