Agmt19 BOSCO OIL, Inc. dba Valley Oil

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Services is delayed due to unusually lengthy governmental reviews or other unexpected, unavoidable circumstances. Such circumstances will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant's officers or employees. 5. Time is of the Essence. Time is of the essence for each and every provision of this Agreement. 6. Compensation. City will pay to Consultant a not -to -exceed amount of Seven Hundred Fifty Thousand dollars ($750,000) for the completion of all the work and services described herein, which sum will include all costs or expenses incurred by Consultant, payable as set forth in Exhibit A. City will have the authority to withhold a 10% retention until it has accepted all of the Services as complete. 6.1 Consultant must submit monthly applications for payment to the City of Redwood City Public Works Services, Attn: Fleet and Equipment Services, 1400 Broadway St., Redwood City, CA 94063. Consultant's applications for payment must contain the following: 6.1.1. A clear, detailed invoice reflecting Services for which Consultant is billing City; 6.1.2. The daily rack average price listed on the San Jose, CA OPIS Gross Standard daily (10:00 A.M. EST Contract Average) rack benchmark price reports adjusted to include CAR and LCFS costs. 6.1.3. The unit cost and total item cost as line items. 6.1.4. An itemized list of all applicable State Sales Taxes, Use Taxes, and California Oil Spill Recovery Fees. The City is Federal Excise Tax (FET) exempt. Consultant shall either not include FET in the invoice or show the FET as deducted from the invoice. 6.2. The payment made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. City will not make any federal or state tax withholdings on behalf of Consultant or its officers, agents, employees, consultants, or subcontractors (collectively, "Consultant Personnel"). City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Consultant or any Consultant Personnel. Consultant agrees to reimburse City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment, which City makes on behalf of Consultant or any Consultant Personnel for work done under this Agreement. At the City's election, City may deduct the reimbursable amount from any balance owing to Consultant. REV: 09-18-19 EI ATTY/AGR.2019.248Nalley Oil Company (Page 2 of 12)