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. . <br /> provided, further, that such unavoidable delay will not include strikes, lockouts, work <br /> stoppages, or other labor disturbances conducted by, or on behalf of, ConsultanYs <br /> 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 /> ConsultanYs pertormance must be govemed 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 shall pay to Consultant an amount not to exceed Twenty <br /> two thousand nine hundred eighty five and 00/100 Dollars ($22,985.00) for the <br /> completion of all the work and services described herein, which sum shall include all <br /> costs or expenses incurred by Consultant, payable as set forth in Exhibit B, attached <br /> hereto and made a part hereof by reference. <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 <br /> summary sheet showing hourly rates, hours worked, percentage of work completed to <br /> date, amounUpercent 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 shall maintain adequate records and shall permit inspection <br /> and audit by City of Consultant's charges under this Contract. Consultant shall make <br /> such records available to City during normal business hours upon reasonable notice. <br /> Nothing herein shall convert such records into public records, and they will be available <br /> only to City and any specified public agencies. Such 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 <br /> 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 /> ATTYIAGR@011.108IKRCHELL 2 <br /> 101211 <br />