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(9)AR 052008 Legal Services Agreements
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05/22/2008 06:00 PM
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Legal Services Agreements
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(9)AR 052008 Legal Services Agreements
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Last modified
2/23/2014 6:21:24 PM
Creation date
2/19/2014 11:36:36 PM
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Agenda Item
Item Number
9
Subject (2)
- Approval of Legal Services Agreements for Defense of former City Employee Kenneth Rulon in Two (2) Pending Litigation Matters and Defense of Former City Employee Stephen Morehouse in One (1) Pending Litigation Matter.
Submitted On
5/15/2008
Submitted By
Sabdi Espinoza
Item Title
AR 052008 Legal Services Agreements
ATRequest
2209
Status (2)
2
Department
City Clerk
Meeting Date
5/22/2008
Meeting Time
6:00:00 PM
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Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), which require the payment of <br />prevailing wage rates and the performance of other requirements on "public works" and <br />"maintenance" projects. If the Services are being performed as part of an applicable "public <br />works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total <br />compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage <br />Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in <br />effect at the commencement of this Agreement. Consultant shall make copies of the prevailing <br />rates of per diem wages for each craft, classification or type of worker needed to execute the <br />Services available to interested parties upon request, and shall post copies at the Consultant's <br />principal place of business and at the project site. Consultant shall defend, indemnify and hold <br />the City, its elected officials, officers, employees and agents free and harmless from any claim or <br />liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. <br />3.4 Accounting Records. <br />3.4.1 Maintenance and Inspection. Consultant shall maintain complete and <br />accurate records with respect to all costs and expenses incurred under this Agreement. All such <br />records shall be clearly identifiable. Consultant shall allow a representative of City during <br />normal business hours to examine, audit, and make transcripts or copies of such records and any <br />other documents created pursuant to this Agreement. Consultant shall allow inspection of all <br />work, data, documents, proceedings, and activities related to the Agreement for a period of three <br />(3) years from the date of final payment under this Agreement. <br />3.5 General Provisions. <br />3.5.1 Termination of Aaxeement. <br />3.5.1.1 Grounds for Termination. City may, by written notice to <br />Consultant, terminate the whole or any part of this Agreement at any time and without cause by <br />giving written notice to Consultant of such termination, and specifying the effective date thereof, <br />at least seven (7) days before the effective date of such termination. Upon termination, <br />Consultant shall be compensated only for those services which have been adequately rendered to <br />City, and Consultant shall be entitled to no further compensation. Consultant may not terminate <br />this Agreement except for cause. <br />3.5.1.2 Effect of Termination. If this Agreement is terminated as provided <br />herein, City may require Consultant to provide all finished or unfinished Documents and Data <br />and other information of any kind prepared by Consultant in connection with the performance of <br />Services under this Agreement. Consultant shall be required to provide such document and other <br />information within fifteen (15) days of the request. <br />3.5.1.3 Additional Services. In the event this Agreement is terminated in <br />whole or in part as provided herein, City may procure, upon such terms and in such manner as it <br />may determine appropriate, services similar to those terminated. <br />R V PUB \N STU B B S\743 672. 1 <br />7 <br />
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