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4. Schedule. Consultant will adhere to the schedule set forth in Exhibit "A", <br />provided, that City in its discretion may grant reasonable extensions of time for the <br />performance of such services occasioned by unusually lengthy governmental reviews <br />of Consultant's work product or other unavoidable delays occasioned by <br />circumstances; provided, further, that such unavoidable delay will not include strikes, <br />lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, <br />Consultant's 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. City will pay to Consultant an amount not to exceed Three <br />Hundred Forty Seven Thousand Dollars and no cents ($347,000.00) for the <br />completion of all the work and services described herein, which sum will include all <br />costs or expenses incurred by Consultant, payable as set forth in Exhibit "A," attached <br />hereto and made a part hereof by reference. <br />6.1 An application for payment form must be submitted to City which will <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 will maintain adequate records and will permit inspection and <br />audit by City of Consultant's charges under this Agreement. Consultant will make <br />such records available to City during normal business hours upon reasonable notice. <br />Nothing herein will convert such records into public records, and they will be <br />available only to City and any specified public agencies. Such records will be <br />maintained by Consultant for one (1) year following completion of the work under this <br />Agreement unless a longer period of time is required by state or federal law, in which <br />event Consultant will 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 />'WMM1� hl5.135/CSG Consultant $347K page 2 of 12 <br />