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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />XIX. RIGHT TO WORK AND MINIMUM WAGE LAWS <br />A. In accordance with the United States Immigration Reform and Control Act of 1986, <br />CONTRACTOR shall require its employees directly or indirectly providing services pursuant to this <br />Agreement, in any manner whatsoever, to verify their identity and eligibility for employment in the <br />United States. CONTRACTOR shall also require and verify that its contractors, subcontractors, or any <br />other persons providing services pursuant to this Agreement, in any manner whatsoever, verify the <br />identity of their employees and their eligibility for employment in the United States, <br />B. Pursuant to the United States of America Fair Labor Standard Act of 1938, as amended, and <br />State of California Labor Code, §1178.5, CONTRACTOR shall pay no less than the greater of the <br />federal or California Minimum Wage to all its employees that directly or indirectly provide services <br />pursuant to this Agreement, in any manner whatsoever. CONTRACTOR shall require and verify that all <br />its contractors or other persons providing services pursuant to this Agreement on behalf of <br />CONTRACTOR also pay their employees no less than the greater of the federal or California Minimum <br />Wage. <br />C. CONTRACTOR shall comply and verify that its contractors comply with all other federal and <br />State of California laws for minimum wage, overtime pay, record keeping, and child labor standards <br />pursuant to providing services pursuant to this Agreement. <br />D. Notwithstanding the minimum wage requirements provided for in this clause, CONTRACTOR, <br />cohere applicable, shall comply with the prevailing wage and related requirements, as provided for in <br />accordance with the provisions of Article 2 of Chapter 1, Part 7, Division 2 of the Labor Code of the <br />State of California ( §§ 1770, et seq.), as it now exists or may hereafter be amended, <br />XX. SEVERABILITY <br />If a court of competent jurisdiction declares any provision of this Agreement or application thereof <br />to any person or circumstances to be invalid or if any provision of this Agreement contravenes any <br />federal, state or county statute, ordinance, or regulation, the remaining provisions of this Agreement or <br />the application thereof shall remain valid, and the remaining provisions of this Agreement shall remain <br />in full force and effect, and to that extent the provisions of this Agreement are severable. <br />XXI. STATUS OF CONTRACTOR <br />CONTRACTOR is, and shall at all times be deemed to be, an independent contractor and shall be <br />wholly responsible for the manner in which it performs the services required of it by the terms of this <br />Agreement. CONTRACTOR is entirely responsible for compensating staff, subcontractors, and <br />consultants employed by CONTRACTOR. This Agreement shall not be construed as creating the <br />relationship of employer and employee, or principal and agent, between COUNTY and CONTRACTOR <br />or any of CONTRACTOR's employees, agents, consultants, or subcontractors. CONTRACTOR <br />assumes exclusively the responsibility for the acts of its employees, agents, consultants, or <br />21 of 25 <br />XXONTPACTS -2015 A1015.2016'THFITCores Mini X22IA FY I5 -16 CA.uoc SAN15PHKK16 <br />