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REV: 03-18-22 RL <br />stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers <br />or employees. <br />5. Time is of the Essence. Time is of the essence for each and every provision of <br />this Agreement. <br />6. Compensation. The total fee payable for the Services to be performed during the <br />Term of this Agreement will be an amount not to exceed Eighty-Nine Thousand Nine <br />Hundred Fifty Dollars ($89,950). City shall pay Consultant Forty-Four Thousand Nine <br />Hundred Seventy-Five Dollars ($44,975) upon City's execution of this agreement, and the <br />balance upon satisfactory completion of the Services. No other compensation for the <br />Services will be allowed except for items covered by subsequent amendments to this <br />Agreement. <br />The payment made to Consultant pursuant to the Agreement will be the full and complete <br />compensation to which Consultant is entitled. City will not make any federal or state tax <br />withholdings on behalf of Consultant or its agents, employees or subcontractors. City will <br />not be required to pay any workers' compensation insurance or unemployment <br />contributions on behalf of Consultant or its employees or subcontractors. Consultant <br />agrees to reimburse City within thirty (30) days for any tax, retirement contribution, social <br />security, overtime payment, unemployment payment or workers' compensation payment <br />which City makes on behalf of Consultant or any agent, employee, or subcontractor of <br />Consultant for work done under this Agreement. <br />7. Status of Consultant. Consultant will perform the Services as an independent <br />contractor and not as an employee of City. The persons used by Consultant to provide <br />services under this Agreement will not be considered employees of City for any purposes. <br />8. Labor Code Prevailing Wage. To the extent required by law, Consultant will <br />comply with the requirements of the California Labor Code including but not limited to <br />hours of labor, nondiscrimination, payroll records, apprentices, workers’ compensation <br />and prevailing wages. When prevailing wage rules are applicable, the following <br />provisions apply: <br />8.1. No less than the general prevailing rate of per diem wages for holidays and <br />overtime work, for each craft, classification or type of worker needed to execute <br />the Services under this Agreement will be paid to all workers, laborers and <br />mechanics employed in the execution of the Services by the Consultant or any <br />subcontractor doing or contracting to do any part of the Services. <br />8.2. The appropriate determination of the Director of the California Department <br />of Industrial Relations will be filed with and available for inspection at City offices. <br />8.3. Consultant will post, at each job site, a copy of the prevailing rate of per <br />diem wages. <br />ATTY/AGR.2022.036/Pyro Spectaculars North, Inc. (2022 4th of July Fireworks Show) (Page 2 of 12)