Agmt23 Shums Coda Associates, Inc.

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REV: 07-14-23 RL 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 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. 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. 7.1. Consultant shall retain the right to perform services for others during the term of this Agreement. 7.2. Consultant will determine the method, details, and means of performing the Services under the Agreement. City will not have the right to, and will not, control the manner or determine the method of accomplishing the services under this Agreement. 7.3 Public Employees Retirement System (CalPERS): In the event that any the persons used by Consultant to provide services under this Agreement is determined by a court of competent jurisdiction or the Public Employees Retirement System (CalPERS) to be eligible for enrollment in CalPERS as an employee of the City, Consultant will indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions of CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Consultant understand and agrees that persons used by Consultant to provide services under this Agreement is not, and will not be, eligible for memberships in, or any benefits from, any City group plan for hospital, surgical, or medical insurance, or for membership in any City retirement program, or for paid vacation, paid sick leave, or other leave, with or without pay, or for any other benefit which accrues to a City employee. 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. ATTY/AGR.2023.130/Shums Coda Associates, Inc. (SCA Professional Services) (Page 3 of 18)