WEST COAST ARBORISTS 1 -2004 - Laserfiche WebLink

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shall be considered the Administrator and shall have the authority to act for CITY under this Agreement. The Administrator shall represent CITY in all matters pertaining to the services to be rendered pursuant to this Agreement. 12. CITY POLICY. CONTRACTOR will discuss and review all matters relating to policy and contract direction with the Tree Maintenance Supervisor of City in advance of all critical decision points in order to ensure that the services are performed in a manner consistent with CITY goals and policies. 13. TIME OF PERFORMANCE. Time is of the essence of this Agreement. 14. DISPUTES PERTAINING TO PAYMENT FOR WORK. Should any dispute arise respecting whether any delay is excusable, or its duration, or the value of the work done, or of any work omitted, or of any extra work which CONTRACTOR may be required to do, or respecting any payment to CONTRACTOR during the performance of the Agreement, such dispute shall be decided by the Maintenance Manager of CITY, and the decision of the Maintenance Manager shall be final and binding upon CONTRACTOR and the sureties of CONTRACTOR. 15. OFFSETS. CONTRACTOR acknowledges and agrees that with respect to any business tax or penalties thereon, utility charges, invoiced fee or other debt which is owed or which becomes due to CITY by CONTRACTOR, CITY reserves the right to withhold and offset said amounts from such payments or refunds or reimbursement owed by the City to CONTRACTOR under this Agreement. Notice of such withholding and offset shall promptly be given to CONTRACTOR by CITY in writing. In the event of a dispute as to the amount owed or whether such amount is owed to CITY, CITY will hold such disputed amount until either the appropriate appeal process has been completed or until the dispute has been resolved. 16. INDEPENDENT PARTIES. CITY retains CONTRACTOR on an independent contractor basis, and CONTRACTOR acknowledges and agrees that CONTRACTOR is not an employee of CITY. The manner and the means of conducting the work are under the control of CONTRACTOR, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement including Exhibits A and B. No civil service status or other right of employment with CITY will be acquired by virtue of CONTRACTOR's services, either by CONTRACTOR or CONTRACTOR's employees. None of the benefits provided by CITY to its employees, including but not limited to unemployment insurance, workers' compensation, vacation or sick leave are available from CITY to CONTRACTOR, its employees or agents. Deductions shall not be made by CITY for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer - employee relationship from any fees due CONTRACTOR. Payments of the above items, if required, are the responsibility of CONTRACTOR and not of the City. 17. PREVAILING WAGES. Pursuant to Section 1720 et seq. of the Labor Code of the State of California, CONTRACTOR and all subcontractors are required to pay the general prevailing rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations and of the State of California. The Director's 1,