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occasioned by circumstances; provided, further, that such unavoidable delay will not <br /> include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or <br /> on behalf of, Consultant's officers or employees. <br /> Consultant acknowledges the importance to City and YMCA of their project schedule <br /> and agrees to use its best professional efforts to meet the schedule. City and YMCA <br /> understand that Consultant's performance must be governed by sound practices. <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 and YMCA shall collectively pay to Consultant an amount <br /> that shall not to exceed Sixty Thousand Dollars ($60,000) for the completion of all the <br /> work and services described herein, which sum shall include all costs or expenses <br /> incurred by Consultant including travel, materials, communication and shipping <br /> expenses, payable as set forth in Exhibit B, attached hereto and made a part hereof by <br /> reference. The City and the YMCA are portioning the cost of ConsultanYs <br /> Compensation. The City and the YMCA are responsible for payments to Consultant that <br /> shall not to exceed thirty-six thousand ($36,000) from the City of Redwood City and <br /> shall not exceed finrenty-four thousand ($24,000)from the YMCA. <br /> 6.1 An application for payment form must be submitted to City and YMCA <br /> which shall include the following: a clear, detailed invoice reflecting work being billed for, <br /> a summary sheet showing hourly rates, hours worked, percentage of work completed to <br /> date, amount/percent billed to date and current status of all tasks within a project; <br /> any/all backup documentation supporting the above items. Work schedule updates must <br /> also be included with the payment requests. <br /> 6.2 Consultant shall maintain adequate records and shall permit inspection <br /> and audit by City and YMCA of Consultant's charges under this Contract. Consultant <br /> shall make such records available to City and YMCA during normal business hours <br /> upon reasonable notice. Nothing herein shall convert such records into public records, <br /> and they will be available only to City and YMCA and any specified public agencies. <br /> Such records shall be maintained by Consultant for one (1) year following completion of <br /> the work under this Contract unless a longer period of time is required by state or <br /> federal law, in which event Consultant shall retain its records for the time required by <br /> such laws. <br /> 6.3. The payment made to Consultant pursuant to the Agreement will be the <br /> full and complete compensation to which Consultant is entitled. City and YMCA will not <br /> make any federal or state tax withholdings on behalf of Consultant or its agents, <br /> employees or subcontractors. City and YMCA will not be required to pay any workers' <br /> compensation insurance or unemployment contributions on behalf of Consultant or its <br /> employees or subcontractors. City will not be required to pay any workers' <br /> compensation insurance or unemployment contributions on behalf of Consultant or its <br /> employees or subcontractors. Consultant agrees to reimburse City within thirty (30) <br /> ATTY/AG R/2015.042/E LS <br /> REV:03-06-15 MLG <br /> Page 2 of 12 <br />