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REV: 07-06-26 VR <br />5. Timeliness of Performance. Consultant’s services shall be performed as <br />expeditiously as is consistent with professional skill and care and the orderly progress of <br />the Work. In no event shall Consultant be responsible for delays from all causes beyond <br />its reasonable control. Consultant acknowledges the importance to City of City’s project <br />schedule and agrees to put forth reasonable efforts in performing the services under this <br />Agreement with due diligence in a manner consistent with that schedule. City <br />understands, however, that Consultant’s performance must be governed by sound <br />professional practices. <br />6. Compensation. City will pay to Consultant a not-to-exceed amount of Twenty-Six <br />Thousand Nine Hundred Eighty Dollars ($26,980) 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 <br />billing 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 <br />the preceding items; and <br />6.1.8. Any changes to the anticipated work schedule. <br />6.2. 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 <br />federal or state tax withholdings on behalf of Consultant or its officers, agents, <br />employees, consultants, or subcontractors (collectively, “Consultant Personnel”). <br />City will not be required to pay any workers’ compensation insurance or <br />unemployment contributions on behalf of Consultant or any Consultant Personnel. <br />Consultant agrees to reimburse City within thirty (30) days for any tax, retirement <br />contribution, social security, overtime payment, unemployment payment or <br />workers' compensation payment which City makes on behalf of Consultant or any <br />Consultant Personnel for work done under this Agreement. At the City’s election, <br />ATTY/AGR.2026.015/Mark Thomas & Company, Inc. (Page 2 of 14)