Agmt15 IPS Group, Inc. Parking Meter Field Trial

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IPS Parking Meter Field Trial Agreement 14.Prevailinu Waues. IPS is aware of the requirements of California Labor Code Section 1720, et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 1600 et seq. ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services provided hereunder are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, IPS agrees to fully comply with such Prevailing Wage Laws. CITY shall provide IPS with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. If the services provided hereunder are being performed as part of an applicable "public works" or "maintenance" project as defined by the Prevailing Wage Laws, IPS shall make available to interested parties upon request, copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services, and shall post copies at the IPS's principal place of business and at the project site. IPS shall defend, indemnify and hold the CITY, its elected officials, officers, employees and agents free and harmless pursuant to the indemnification provisions of this Agreement and in accordance with the language of this section, from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 15.Severabilitv. If any provision in this Agreement subsequently is determined to be invalid, illegal, or unenforceable, that determination shall not affect the validity, legality, or enforceability of the remaining provisions stated in this Agreement unless that effect is made impossible by the absence of the omitted provision. 16.Independent Contractor. IPS shall be deemed at all times to be an independent contractor wholly responsible for the manner in which it performs its obligations under this Agreement. Nothing in this Agreement shall be construed as creating a joint venture or an employment or agency relationship befinreen CITY and IPS. 17.Bindinq Document. The CITY and IPS each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all covenants, conditions, and obligations contained in the Agreement. 18.Venue. This Agreement shall be govemed by the laws of the State of California as now and hereafter in force. The venue for actions arising out of this Agreement shall be in San Mateo, CA. 19.Entire Aqreement; Modification. This Agreement befinreen the parties consists only of the express written terms and conditions set forth in this Agreement. All prior understandings and agreements made between the parties are superseded by this Agreement, which alone fully and completely express the parties' understanding. There are no promises or agreements, oral or otherwise, inducing entry into this Agreement, except only as expressly in writing herein. The parties are relying only on the express terms, conditions and agreements set forth in this Agreement. The parties further agree that any promise or agreement, not ATTY/AGR.2015.184/IPS Group, Inc. Page 7 of 8 REV:08-20-15 VR