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REV: 05-15-24 LF unemployment contributions on behalf of Consultant or any Consultant Personnel. Consultant agrees to reimburse City 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 this Agreement. City shall not have the right to, and shall not, control the manner or determine the method of accomplishing Consultant’s services. Consultant will hold harmless and indemnify City for adverse determinations by CalPERS on the status of Consultant or Consultant’s personnel as an independent contractor. 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 ATTY/AGR.2024.069/4LEAF, Inc. (On-Call Construction Inspection Services) (Page 3 of 15)