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4. Schedule. Consultant will adhere to the schedule set forth in Exhibit "A", <br />provided, that City, in its discretion, may grant reasonable extensions when <br />performance of the Services is delayed due to unusually lengthy governmental reviews <br />or other unexpected, unavoidable circumstances. Such circumstances will not include <br />strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on <br />behalf of, Consultant's officers or employees. <br />5. Time is of the Essence. Time is of the essence for each and every provision of <br />this Agreement. <br />6. Compensation. City will pay to Consultant a flat -rate of Seventy Four Thousand <br />Nine Hundred Dollars ($74,900) for the completion of all the work and services <br />described herein, which sum will include all costs or expenses incurred by Consultant, <br />payable as set forth in Exhibit "A". City will have the authority to withhold a 10% <br />retention until it has accepted all of the Services as complete. Consultant must submit <br />applications for payment that contain a clear, detailed invoice reflecting the Service for <br />which Consultant is billing City. <br />6.1. 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 withholdings on behalf of Consultant or its officers, agents, <br />employees, consultants, or subcontractors (collectively, "Consultant Personnel"). City <br />will not be required to pay any workers' compensation insurance or unemployment <br />contributions on behalf of Consultant or any Consultant Personnel. Consultant agrees to <br />reimburse City within thirty (30) days for any tax, retirement contribution, social security, <br />overtime payment, unemployment payment or workers' compensation payment, which <br />City makes on behalf of Consultant or any Consultant Personnel for work done under <br />this Agreement. At the City's election, City may deduct the reimbursable amount from <br />any balance owing to Consultant. <br />7. 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 will not be considered employees of City for any <br />purposes. <br />8. Labor Code Prevailing Wage. To the extent required by law, Consultant will <br />comply with the requirements of the California Labor Code including but not limited to <br />hours of labor, nondiscrimination, payroll records, apprentices, workers' compensation <br />and prevailing wages. When prevailing wage rules are applicable, the following <br />provisions apply: <br />8.1. No less than the general prevailing rate of per diem wages for holidays <br />and overtime work, for each craft, classification or type of worker needed to <br />execute the Services under this Agreement will be paid to all workers, laborers <br />and mechanics employed in the execution of the Services by the Consultant or <br />any subcontractor doing or contracting to do any part of the Services. <br />REV: 11-30-2020 RL <br />ATTY/AGR.2020.276/Management Partners (Page 2 of 14) <br />