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5. Compensation. The total fee payable for the Services to be performed during the <br /> initial term of this Agreement will be $30,000. No other compensation for the Services <br /> will be allowed except far items covered by subsequent amendments to this Agreement. <br /> City has the authority to withhold a 10% percent retention until City has accepted all of <br /> the services specified in Exhibit "A." Incremental payments, if applicable, will be made <br /> as outlined in attached Exhibit"A." <br /> 5.1 An application for payment form must be submitted to City which shall <br /> include the following: a clear, detailed invoice reflecting work being billed for, a <br /> summary sheet showing hourly rates, hours worked, percentage of work completed to <br /> date, amount/percent billed to date and current status of all tasks within a project; <br /> any/all backup documentation supporting the above items. Work schedule updates must <br /> also be included with the payment requests. <br /> 5.2 Consultant shall maintain adequate records and shall permit inspection <br /> and audit by City of Consultant's charges under this Contract. Consultant shall make <br /> such records available to City during normal business hours upon reasonable notice. <br /> Nothing herein shall convert such records into public records, and they will be available <br /> only to City and any specified public agencies. Such records shall be maintained by <br /> Consultant for one (1) year following completion of the work under this Contract unless <br /> a longer period of time is required by state or federal law, in which event Consultant <br /> shall retain its records for the time required by such laws. <br /> 5.3. The payment made to Consultant pursuant to the Agreement will be the <br /> full and complete compensation to which Consultant is entitled. City will not make any <br /> federal or state tax withhaldings on behalf of Consultant or its agents, employees or <br /> subcontractors. City will not be required to pay any worl�ers' compensation insurance or <br /> unemploym�nt contributions on behalf of Consultant or its employees or subcontractors. <br /> Consultant agrees to reimburse City within thirty (30) days for any tax, retirement <br /> contribution, social security, overtime payment, unemployment payment or workers' <br /> compensation payment which City makes on behalf of Consultant or any agent, <br /> employee, or subcontractor of Consultant for work done under this Agreement. At the <br /> City's electian, City may deduct the reimbursable amount from any balance owing to <br /> Consultant. <br /> 6. 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 shall not be considered employees of City for any <br /> purposes. <br /> 7. Subcontractinv. Consultant will not subcontract any portion of the Services <br /> without priar written approval of City Manager or hislher designee. If Consultant <br /> subcontracts any of the Services, Consultant will be fully responsible to City for the a�ts <br /> and omissions of Consultant's subcontractor and of the persons either directly or <br /> indirectly employed by the subcontractor, as Consultant is for the acts and omissions of <br /> persons directly employed by Consultant. Nothing contained in this Agreement will <br /> REV:03-30-15 RL <br /> Page 2 of 8 <br /> ATTY/AGR.2015.d59/Quint&Thimmig -Water Revenue Refunding Bonds 2015 <br />