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r � _ � • <br /> < < <br /> other labor disturbances conducted by, or on behalf of, ConsultanYs officers or <br /> employees. <br /> Consultant acknowledges the importance to City's project schedule and agrees to use its <br /> best professional efforts to meet the schedule. City and YMCA understands that <br /> ConsultanYs 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 shall pay to Consultant an amount not to exceed Sixty <br /> Thousand Dollars ($60,000) for the completion of all the work and services described <br /> herein, which sum shall include all costs or expenses incurred by Consultant including <br /> travel, materials, communication and shipping expenses, payable as set forth in Exhibit <br /> A, attached hereto and made a part hereof by reference. <br /> 6.1 An application for payment form must be submitted to City which shall <br /> include the following: a clear, detailed invoice reflecting work being billed for, a summary <br /> sheet showing hourly rates, hours worked, percentage of work completed to date, <br /> amount/percent billed to date and current status of all tasks within a project; any/all <br /> backup documentation supporting the above items.Work schedule updates must also be <br /> included with the payment requests. . <br /> 6.2 Consultant shall maintain adequate records and shall permit inspection and <br /> audit by City of Consultant's charges under this Contract. Consultant shall make such <br /> records available to City during normal business hours upon reasonable notice. Nothing <br /> herein shall convert such records into public records, and they will.be available only to <br /> City and any specified public agencies. Such records shall be maintained by Consultant <br /> for one (1) year following completion of the work under this Contract unless a longer <br /> period of time is required by state or federal law, in which event Consultant shall retain its <br /> records for the time required by such laws. <br /> 6.3. 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 agents, employees or <br /> subcontractors. City will not be required to pay any workers' compensation insurance or <br /> unemployment contributions on behalf of Consultant or its employees or subcontractors. <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 shall not be considered employees of City for any <br /> purposes. <br /> 8. Subcontractinq. Consultant will not subcontract any portion of the Services without <br /> prior writ#en approval of City Manager or his/her designee. If Consultant subcontracts any <br /> of the Services, Consultant will be fully responsible to City for the acts and omissions of <br /> ATTY/AGR/2015.148/ELS ARCHITECTURE AND DESIGN <br /> REV:07-28-15 MLG <br /> Page 2 of 9 <br />