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4. Schedule. Consultant will adhere to the schedule set forth in Exhibit "A", provided, <br />that City in its discretion may grant reasonable extensions of time for the performance of <br />such services occasioned by unusually lengthy governmental reviews of Consultant's <br />work product or other unavoidable delays occasioned by circumstances; provided, <br />further, that such unavoidable delay will not include strikes, lockouts, work stoppages, or <br />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. Comoensation. The total fee payable for the Services to be performed during the <br />initial term of this Agreement will be $($69,980). No other compensation for the Services <br />will be allowed except for items covered by subsequent amendments to this Agreement. <br />City has the authority to withhold a 10% percent retention until City has accepted all of <br />the 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 />Page 2 of 14 <br />ATTY/AGR/2017.291/MIG, INC PARK NEEDS ASSESSMENT <br />REV: 12-13-171S <br />