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REV: 06-20-24 VR <br />ATTY/AGR.2024.088/Pyro Spectaculars North, Inc. (Page 2 of 12) <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. City will pay to Consultant a not-to-exceed amount of One <br />Hundred and Two Thousand Dollars ($102,000) for the completion of all the work and <br />services described herein, which sum will include all costs or expenses incurred by <br />Consultant, payable as set forth in Exhibit “A”. City will pay to Consultant Fifty-One <br />Thousand Dollars ($51,000) upon execution of this Agreement, and the balance upon <br />satisfactory completion of the Services. No other compensation for the Services will be <br />allowed except by subsequent written amendments to this Agreement executed by both <br />parties. <br />6.2. The payment made to Consultant pursuant to the Agreement will be the full <br />and complete compensation to which Consultant is entitled. City will not make any <br />federal or state tax withholdings on behalf of Consultant or its officers, agents, <br />employees, consultants, or subcontractors (collectively, “Consultant Personnel”). <br />City will not be required to pay any workers' compensation insurance or <br />unemployment contributions on behalf of Consultant or any Consultant Personnel. <br />Consultant agrees to reimburse City within thirty (30) days for any tax, retirement <br />contribution, social security, overtime payment, unemployment payment or <br />workers' compensation payment which City makes on behalf of Consultant or any <br />Consultant Personnel 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 comply <br />with the requirements of the California Labor Code including but not limited to hours of <br />labor, nondiscrimination, payroll records, apprentices, workers’ compensation and <br />prevailing wages. When prevailing wage rules are applicable, the following provisions <br />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./Pyro Spectaculars (Page 2 of 12)