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REV: 09-14-2022 VR compensation payment, which City makes on behalf of Consultant or any Consultant Personnel for work done under this Agreement. At the City’s election, City may deduct the reimbursable amount from any balance owing to Consultant. 6.3. Consultant shall submit monthly invoices for services performed and City shall pay the full invoice amount within forty-five (45) days of the invoice date. Invoices will be considered correct if not questioned in writing within fifteen (15) days of the invoice date. City payment to Consultant is not contingent on arrangement of project financing. Invoice payment delayed beyond sixty (60) days shall give Consultant the right to stop work until payments are current. Non-payment beyond ninety (90) days shall be just cause for termination by Consultant. 7. Status of Consultant. Consultant will perform the Services as an independent contractor and not as an employee of City. The persons used by Consultant 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, Consultant 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 Consultant 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. Consultant will post, at each job site, a copy of the prevailing rate of per diem wages. 8.4. The Consultant 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 Consultant. 9. Subcontracting. Consultant will not subcontract any portion of the Services without prior written approval of the City Manager or their designee. If Consultant subcontracts any of the Services, Consultant will be fully responsible to City for the subcontractor’s acts and omissions as Consultant is for the acts and omissions of persons directly employed by Consultant. Such responsibility will include responsibility for the acts and ATTY/AGR.2022.320/Tetra Tech (Emergency Management) (Page 3 of 17)