Agmt21 ServiceMaster Restoration by Ryan & Ryan

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REV: 12-07-2021 RL 7. Status of Contractor. Contractor will perform the Services as an independent contractor and not as an employee of City. The persons used by Contractor 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, Contractor 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 Contractor 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. Contractor will post, at each job site, a copy of the prevailing rate of per diem wages. 8.4. The Contractor 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 Contractor. 9. Subcontracting. Contractor will not subcontract any portion of the Services without prior written approval of the City Manager or their designee. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the subcontractor’s acts and omissions as Contractor is for the acts and omissions of persons directly employed by Contractor. Such responsibility will include responsibility for the acts and omissions of the subcontractor’s officers, employees, Contractors, subcontractors, and agents. Nothing contained in this Agreement will create any contractual relationship between City and any subcontractor, and Contractor will be responsible for paying subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement that bind Contractor unless specifically noted to the contrary in the subcontract and approved in writing by the City Manager or their designee. 10. Other Contractors. City reserves the right to employ other Contractors in connection with the Services. 11. Indemnification. 11.1 Contractor will defend, indemnify and hold harmless (collectively “Indemnify”) City and its officers, boards and commissions, agents, employees and ATTY/AGR.2021.316/ServiceMaster Restore by Ryan and Ryan (Page 3 of 13)