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REV: 06-26-2023 JB <br />consultants, or subcontractors (collectively, “Consultant Personnel”). City will not be <br />required to pay any workers' compensation insurance or unemployment contributions on <br />behalf of Consultant or any Consultant Personnel. Consultant agrees to reimburse City <br />within thirty (30) days for any tax, retirement contribution, social security, overtime <br />payment, unemployment payment or workers' compensation payment which City makes <br />on behalf of Consultant or any Consultant Personnel for work done under this Agreement. <br />At the City’s election, City may deduct the reimbursable amount from any balance owing <br />to Consultant. <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 />7.1 Consultant shall retain the right to perform services for others during the term <br />of this Agreement. <br />7.2 Consultant will determine the method, details, and means of performing the <br />Services under this Agreement. City will not have the right to, and will not, control <br />the manner or determine the method of accomplishing the Services under this <br />Agreement. <br />7.3 Public Employees Retirement System (CalPERS): In the event that Consultant <br />is determined by a court of competent jurisdiction or the Public Employees <br />Retirement System (CalPERS) to be eligible for enrollment in CalPERS as an <br />employee of City, Consultant will indemnify, defend, and hold harmless City for the <br />payment of any employee and/or employer contributions of CalPERS benefits on <br />behalf of Consultant or its employees, agents, or subcontractors, as well as for the <br />payment of any penalties and interest on such contributions, which would <br />otherwise be the responsibility of City. Consultant understand and agrees that <br />persons used by Consultant to provide services under this Agreement is not, and <br />will not be, eligible for memberships in, or any benefits from, any City group plan <br />for hospital, surgical, or medical insurance, or for membership in any City <br />retirement program, or for paid vacation, paid sick leave, or other leave, with or <br />without pay, or for any other benefit which accrues to a City employee. <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 />ATTY/AGR.2023.149/MCL Planning (On-Call Planning Services) (Page 3 of 14)