Agmt21 LifeMoves - PLHA Rapid Re housing Program

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REV: 07-20-21 SK reimburse City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City makes on behalf of Program Administrator or any Program Administrator Personnel for work done under this Agreement. At the City’s election, City may deduct the reimbursable amount from any balance owing to Program Administrator. 7. Status of Program Administrator. Program Administrator will perform the Services as an independent contractor and not as an employee of City. The persons used by Program Administrator to provide services under this Agreement will not be considered employees of City for any purposes. 8. Labor Code Prevailing Wage. To the extent required by law, Program Administrator will comply with the requirements of the California Labor Code including but not limited to hours of labor, nondiscrimination, payroll records, apprentices, workers’ compensation and prevailing wages. When prevailing wage rules are applicable, the following provisions apply: 8.1. 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 Services under this Agreement will be paid to all workers, laborers and mechanics employed in the execution of the Services by the Program Administrator or any subcontractor doing or contracting to do any part of the Services. 8.2. The appropriate determination of the Director of the California Department of Industrial Relations will be filed with and available for inspection at City offices. 8.3. Program Administrator will post, at each job site, a copy of the prevailing rate of per diem wages. 8.4. The Program Administrator will 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 Program Administrator. 9. Subcontracting. Program Administrator will not subcontract any portion of the Services without prior written approval of the City Manager or their designee. If Program Administrator subcontracts any of the Services, Program Administrator will be fully responsible to City for the subcontractor’s acts and omissions as Program Administrator is for the acts and omissions of persons directly employed by Program Administrator. Such responsibility will include responsibility for the acts and omissions of the subcontractor’s officers, employees, Program Administrators, subcontractors, and agents. Nothing contained in this Agreement will create any contractual relationship between City and any subcontractor, and Program Administrator will be responsible for paying subcontractors. Program Administrator will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement that bind Program ATTY/AGR.2021.192/Lifemoves (RAPID REHOUSING PROGRAM ADMINISTRATOR) (Page 3 of 16)