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REV: 06-12-2023 JB <br />3. Term. Unless terminated earlier pursuant to Section 21, the term of this <br />Agreement will commence upon the Effective Date and shall remain in effect until the <br />earlier of Five years from the Effective Date, or upon the exhaustion of the total <br />Compensation authorized under the Agreement. The foregoing notwithstanding, <br />continuation of the Agreement beyond the first year of the term is contingent upon the <br />City Council appropriating necessary funds for this Agreement. Any extension will require <br />a written amendment executed by both parties indicating the effective date and length of <br />the extended Agreement. <br />4. Schedule. Consultant will adhere to the schedule set forth in Exhibit “A”, provided, <br />that City, in its discretion, may grant reasonable extensions when performance of the <br />Services is delayed due to unusually lengthy governmental reviews or other unexpected, <br />unavoidable circumstances. Such circumstances will not include strikes, lockouts, work <br />stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers <br />or employees. <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 a not-to-exceed amount of One <br />Hundred and Two Thousand Dollars ($102,000.00) for the completion of all the work and <br />services described herein, which sum will include all costs or expenses incurred by <br />Consultant, payable as set forth in Exhibit “A”. City will have the authority to withhold a <br />10% retention until it has accepted all of the Services as complete. <br />6.1 Consultant must submit applications for payment that contain the following: <br />6.1.1. A clear, detailed invoice reflecting Services for which Consultant is billing <br />City; <br />6.1.2. A summary sheet showing hourly rates (if applicable); <br />6.1.3. Number of hours worked; <br />6.1.4. Percentage of Services completed to date; <br />6.1.5. Amount/percent billed to date; <br />6.1.6. Current status of all tasks within a project; <br />6.1.7. Any backup documentation reasonably necessary to substantiate the <br />preceding items; and <br />6.1.8. Any changes to the anticipated work schedule. <br />ATTY/AGR.2023.114/Consolidated Engineering Laboratories, Inc. (Agreement for Professional Services) (Page 2 of 17)