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REV: 04-08-26 LF <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 Contractor a flat-rate amount of Three Hundred <br />Sixty Thousand Two Hundred Ninety-Nine Dollars and Ninety Cents ($360,299.90) for <br />the completion of all the work and services described herein, which sum will include all <br />costs or expenses incurred by Contractor, payable as set forth in Exhibit “A”. City will <br />have the authority to withhold a 10% retention until it has accepted all of the Services as <br />complete. <br />6.1. Contractor must submit applications for payment that contain the following: <br />6.1.1. A clear, detailed invoice reflecting Services for which Contractor is <br />billing 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 <br />the preceding items; and <br />6.1.8. Any changes to the anticipated work schedule. <br />6.2. The payment made to Contractor pursuant to the Agreement will be the full <br />and complete compensation to which Contractor is entitled. City will not make any <br />federal or state tax withholdings on behalf of Contractor or its officers, agents, <br />employees, Contractors, or subcontractors (collectively, “Contractor Personnel”). <br />City will not be required to pay any workers’ compensation insurance or <br />unemployment contributions on behalf of Contractor or any Contractor Personnel. <br />Contractor agrees to reimburse City within thirty (30) days for any tax, retirement <br />contribution, social security, overtime payment, unemployment payment or <br />workers' compensation payment which City makes on behalf of Contractor or any <br />Contractor Personnel for work done under this Agreement. At the City’s election, <br />City may deduct the reimbursable amount from any balance owing to Contractor. <br />7. Status of Contractor. Contractor will perform the Services as an independent <br />contractor and not as an employee of City. The persons used by Contractor to provide <br />services under this Agreement will not be considered employees of City for any purposes. <br />ATTY/AGR.2026.099/Western Truck Fabrication, Inc. (Vehicle Service-Body Fabrication Services) (Page 2 of 21)