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REV: 06-24-2021 MI <br />6. Compensation. City will pay to Consultant a not-to-exceed amount of Forty-Four <br />Thousand Four Hundred Six Dollars and Ninety Cents ($44,406.90) for the completion of <br />all the work and services described herein, which sum will include all costs or expenses <br />incurred by Consultant, payable as set forth in Exhibit A. City will have the authority to <br />withhold a 10% retention until it has accepted all of the Services as complete. <br />6.1 Consultant must submit applications for payment that contain the following: <br />6.1.1. A clear, detailed invoice reflecting Services for which Consultant is billing <br />City; <br />6.1.2. A summary sheet showing hourly rates (if applicable); <br />6.1.3. Number of hours worked; <br />6.1.4. Percentage of Services completed to date; <br />6.1.5. Amount/percent billed to date; <br />6.1.6. Current status of all tasks within a project; <br />6.1.7. Any backup documentation reasonably necessary to substantiate the <br />preceding items; and <br />6.1.8. Any changes to the anticipated work schedule. <br />6.2. The payment made to Consultant pursuant to the Agreement will be the full <br />and complete compensation to which Consultant is entitled. City will not make any federal <br />or state tax withholdings on behalf of Consultant or its officers, agents, employees, <br />consultants, or subcontractors (collectively, “Consultant Personnel”). City will not be <br />required to pay any workers' compensation insurance or unemployment contributions on <br />behalf of Consultant or any Consultant Personnel. Consultant agrees to reimburse City <br />within thirty (30) days for any tax, retirement contribution, social security, overtime <br />payment, unemployment payment or workers' compensation payment, which City makes <br />on behalf of Consultant or any Consultant Personnel for work done under this Agreement. <br />At the City’s election, City may deduct the reimbursable amount from any balance owing <br />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 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 and <br />overtime work, for each craft, classification or type of worker needed to execute <br />ATTY/AGR.2021.151/Albion (Page 2 of 11)