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REV: 10-02-25 LR <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. At the City’s election, <br />City may deduct the reimbursable amount from any balance owing 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 <br />term of this Agreement. <br />7.2 Consultant will determine the method, details, and means of performing the <br />Services under this Agreement. City shall not have the right to, and shall not, <br />control the manner or determine the method of accomplishing Consultant’s <br />services. Further, City confirms that Consultant is not assuming and is not <br />expected to assume any City staff positions(s). <br />7.3 In the event the Consultant is determined by a court of competent <br />jurisdiction or the Public Employees Retirement System (CalPERS) to be eligible <br />for enrollment in CalPERS as an employee of City, Consultant shall hold harmless <br />the City for any claims, damages, losses, or payments arising out of or related to <br />loss of retirement status, and Consultant shall indemnify, defend, and hold <br />harmless City for the payment of any employee and/or employer contributions of <br />CalPERS benefits on behalf of Consultant or its employees, agents, or <br />subcontractors, as well as for the payment of any penalties and interest on such <br />contributions, which would otherwise be the responsibility of City. Consultant <br />understands and agrees that Consultant is not, and will not be, eligible for <br />memberships in, or any benefits from, any City group plan for hospital, surgical, or <br />medical insurance, or for membership in any City retirement program, or for paid <br />vacation, paid sick leave, or other leave, with or without pay, or for any other benefit <br />which accrues to a City employee. <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 />ATTY/AGR.2025.259/Steve Blanc Investigations (Page 3 of 14)