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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 agrees <br /> 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 provision of <br /> this Agreement. <br /> 6. Compensation . The total fee payable for the Services to be performed during the <br /> initial term of this Agreement will be thirty-three thousand four hundred ninety five <br /> dollars ($33,495 .00). No other compensation for the Services will be allowed except for <br /> items covered by subsequent amendments to this Agreement. City has the authority to <br /> withhold a 10% percent retention until City has accepted all of the services specified in <br /> Exhibit "A." Incremental payments, if applicable, will be made as outlined in attached <br /> Exhibit "A. " <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 <br /> 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 of Consultant's charges under this Contract. Consultant shall make <br /> such records available to City during normal business hours upon reasonable notice. <br /> Nothing herein shall convert such records into public records, and they will be available <br /> only to City and any specified public agencies. Such records shall be maintained by <br /> Consultant for one ( 1 ) year following completion of the work under this Contract unless <br /> a longer period of time is required by state or federal law, in which event Consultant <br /> shall retain its records for the time required by 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 will not make any <br /> federal 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 /> Consultant agrees to reimburse City within thirty (30) days for any tax, retirement <br /> contribution, social security, overtime payment, unemployment payment or workers' <br /> compensation payment which City makes on behalf of Consultant or any agent, <br /> employee, or subcontractor of Consultant for work done under this Agreement. At the <br /> City's election , City may deduct the reimbursable amount from any balance owing to <br /> Consultant. <br /> REV: 09-20-16 RL <br /> Page 2 of 11 <br /> ATTY/AGR.2016.261 /Professional Services Agreement - Peninsula Conflict Resolution Center <br />