Agmt22 Environmental Science Associates

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REV: 10-25-2022 RL 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 One Hundred Thousand Dollars ($100,000) 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 applications for payment that contain the following: 6.1.1. A clear, detailed invoice reflecting Services for which Consultant is billing City; 6.1.2. Description of billed tasks and rate by task; 6.1.3. A summary sheet showing rates (if applicable); 6.1.4. Number of hours worked (if applicable); 6.1.5. Any other quantities billed (if applicable); and 6.1.6. Any backup documentation reasonably necessary to substantiate the preceding items. 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. 7. Status of Consultant. Consultant will perform the Services as an independent contractor and not as an employee of City. The persons used by Consultant to provide services under this Agreement will not be considered employees of City for any purposes. 8. Labor Code Prevailing Wage. To the extent required by law, Consultant will comply with the requirements of the California Labor Code including but not limited to ATTY/AGR.2022.381/Environmental Science Associates (Page 2 of 17)