CSA Local Artists Berkeley (LAB) 12012021

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Consulting Services Agreement between August 1, 2020 City of San Leandro and Local Artists Berkeley — Exhibit C Page 2 of 3 prevailing wages is not excusable if the Consultant or sub-Consultant had knowledge of their obligations under the California Labor Code. The Consultant or sub-Consultant shall pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. If a sub-Consultant worker engaged in performance of the services described in Exhibit A is not paid the general prevailing per diem wages by the sub -Consultant, the Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements: 1. The contract executed between the Consultant and the sub-Consultant for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. 2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the sub-Consultant by periodic review of the sub-Consultant’s certified payroll records. 3. Upon becoming aware of a sub-Consultant’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subConsultant for performance of the services described in Exhibit A. 4. Prior to making final payment to the sub-Consultant, the Consultant shall obtain an affidavit signed under penalty of perjury from the sub-Consultant that the sub-Consultant has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813. C. In accordance with California Labor Code Section 1776, the Consultant and each sub-Consultant engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: 1. The information contained in the payroll record is true and correct. 2. The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the Owner and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeshi p Standards of the DocuSign Envelope ID: 46F09088-E5FE-4708-B0AF-F6D3FD9BAA2FDocuSign Envelope ID: FAB9A06B-1D2A-4FEB-8806-68F6F2273B2F