Agmt18 Daryl D. Jones dba Telecommunications Engineering Associates

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CONTRACTOR shall provide a license to the City to use the FSALERT software pursuant to the terms and conditions of the Software License Agreement, which is attached hereto as Exhibit C and incorporated herein by reference. To the extent applicable, CONTRACTOR and all subcontractors shall comply with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, workers' compensation, contractor registration, certified payroll records, debarment of contractors and subcontractors, and prevailing wages. No less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to execute the work under this Agreement shall be paid to all workers, laborers and mechanics employed in the execution of the work by the CONTRACTOR or any subcontractor doing or contracting to do any part of the work. The appropriate determination of the Director of the California Department of Industrial Relations shall be filed with, and available for inspection at the City officers. CONTRACTOR shall post, at each job site, a copy of the prevailing rate of per diem wages. The CONTRACTOR shall forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for any public work done under the Agreement by it or by any subcontractor under Contractor. Without limiting the generality of CONTRACTOR'S obligations pursuant to Section 11, CONTRACTOR shall defend, indemnify and hold the CITY, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. SECTION 3 — DUTIES OF CITY CITY shall provide pertinent information regarding its requirements for the project. CITY shall examine documents submitted by CONTRACTOR and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONTRACTOR'S work. SECTION 4 — TERM The services to be performed under this Agreement shall commence on -July 1, 2017 and be completed on or about June 30, 2018, provided, however, that the term of the software license for "FSALERT" software shall be as set forth in Exhibit C. SECTION 5 — PAYMENT Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR a fee pursuant to rates stated in Exhibit A and according to the payment schedule set forth in Exhibit D, attached and incorporated by reference. SECTION 6 — TERMINATION Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon REV: 05-25-1715 Page 2 of 17 ATTY/AGR.2017.120frelecommunications Engineering Associates