Agmt19 ELS Architecture and Urban Design

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other labor disturbances conducted by, or on behalf of, Consultant's officers or employees. Consultant acknowledges the importance to City of City's project schedule and agrees to use its best professional efforts to meet the schedule. City understands that Consultant's performance must be governed by sound practices. 5. Time is of the Essence. Time is of the essence for each and every provision of this Agreement. 6. Compensation. The total fee payable for the Services to be performed during the initial term of this Agreement will be Fifty-six Thousand Dollars ($56,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 6.1 Monthly payments shall be made based on the percentage of work completed by Consultant during the period covered by each invoice for payment, and in accordance with the schedule indicated in Exhibit A. Consultant shall submit applications on or before the 10th day of each month, starting with the second month covered under this Agreement. The statements shall describe the amount of Services provided since the initial commencement date or since the start of subsequent billing periods, as appropriate, through the date of the statements. Consultant shall include work schedule updates with monthly statements. City, within thirty (30) days of receiving such statements, shall review their statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. 6.2 Consultant shall maintain adequate records and shall permit inspection and audit by City of Consultant's charges under this Contract. Consultant shall make such records available to City during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records, and they will be available only to City and any specified public agencies. Such records shall be maintained by Consultant for one (1) year following completion of the work under this Contract unless a longer period of time is required by state or federal law, in which event Consultant shall retain its records for the time required by such laws. 6.3. The payment made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. City will not make any federal or state tax withholdings on behalf of Consultant or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Consultant or its employees or. subcontractors. Consultant agrees to reimburse City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City makes on behalf of Consultant or any agent, employee, or subcontractor of Consultant for work done under this Agreement. At the City's election, City may deduct the reimbursable amount from any balance owing to Consultant. �14AMPd�IbF:l a1 ATfY/AGR.2019.305/ELS Architecture and Urban Design (Page 2 of 12)