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provided , further, that such unavoidable delay will not include strikes, lockouts, work <br /> stoppages, or other labor disturbances conducted by, or on behalf of, Consultant's <br /> officers or employees. <br /> Consultant acknowledges the importance to City of City's project schedule and <br /> agrees to use its best professional efforts to meet the schedule. City understands that <br /> 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 <br /> provision of this Agreement. <br /> 6. Compensation. City shall pay to Consultant an amount not to exceed <br /> Twenty Thousand Dollars ($25,000.00) for the completion of all the work and services <br /> described herein, which sum shall include all costs or expenses incurred by Consultant, <br /> payable as set forth in Exhibit B, attached hereto and made a part hereof by reference. <br /> 6. 1 . An application for payment form must be submitted to City which <br /> shall include the following: a clear, detailed invoice reflecting work being billed <br /> for, a summary sheet showing hourly rates, hours worked , percentage of work <br /> completed to date, amount/percent billed to date and current status of all tasks <br /> within a project; any/all backup documentation supporting the above items. Work <br /> schedule updates must also be included with the payment requests. <br /> 6.2. Consultant shall maintain adequate records and shall permit <br /> inspection and audit by City of Consultant's charges under this Contract. <br /> Consultant shall make such records available to City during normal business <br /> hours upon reasonable notice. Nothing herein shall convert such records into <br /> public records, and they will be available only to City and any specified public <br /> agencies. Such records shall be maintained by Consultant for one (1 ) year <br /> following completion of the work under this Contract unless a longer period of <br /> 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 <br /> the full and complete compensation to which Consultant is entitled. City will not <br /> make any federal or state tax withholdings on behalf of Consultant or its agents, <br /> employees or subcontractors. City will not be required to pay any workers' <br /> compensation insurance or unemployment contributions on behalf of Consultant <br /> or its employees or subcontractors. Consultant agrees to reimburse City within <br /> thirty (30) days for any tax, retirement contribution, social security, overtime <br /> payment, unemployment payment or workers' compensation payment which City <br /> makes on behalf of Consultant or any agent, employee, or subcontractor of <br /> Consultant for work done under this Agreement. At the City's election, City may <br /> deduct the reimbursable amount from any balance owing to Consultant. <br /> Page 2 of 11 <br /> REV: 07-12-16 VR <br /> ATTY/AGR.2016.183/MuniServices, LLC - TOT Audit <br />