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other labor disturbances conducted by, or on behalf of, Consultant's officers or <br />employees. <br />Consultant acknowledges the importance to City of City's project schedule and agrees to <br />use its best professional efforts to meet the schedule. City understands that Consultant's <br />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 $50,000. No other compensation for the Services will <br />be allowed except for items covered by subsequent amendments to this Agreement. City <br />has the authority to withhold a 10% percent retention until City has accepted all of the <br />services specified in Exhibit "A." Incremental payments, if applicable, will be made as <br />outlined in attached 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 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 />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 />Page 2 of 9 <br />ATTY/AGR/2016.320/FUNG COLLABORATIVES, INC- FC <br />REV: 11-18-16 JS <br />