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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 performance 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. Comoensation. City shall pay to Consultant an amount not to exceed Forry <br /> three thousand nine hundred thirty and 00/100 Dollars ($43,930.00) for the � <br /> completion of ali the work and services described herein, which sum shall include <br /> all costs or expenses incurred by Consultant, payable as set forth in Exhibit B, <br /> attached hereto and made a part hereof by reference. <br /> 6.1 An application for payment form must be submitted to City which <br /> shall include the following: a clear, detailed invoice reflecting work being <br /> billed for, a summary sheet showing hourly rates, hours worked, <br /> percentage of work completed to date, amounUpercent biiled to date and <br /> current status of all tasks within a project; any/all backup documentation <br /> supporting the above items. Work schedule updates must also be included <br /> with the payment requests. <br /> 6.2 Consultant shall maintain adequate records and shall permit <br /> inspection and audit by City of Consultant's charges under this Contract. <br /> Consultant shall make such records available to City during normal <br /> business hours upon reasonable notice. Nothing herein shall convert such <br /> records into public records, and they will be available only to City and any <br /> specified public agencies. Such and they will be available only to City and <br /> any specified public agencies. Such records shall be maintained by <br /> Consultant for one (1) year following completion of the work under this <br /> Contract unless a longer period of time is required by stafe or federal law, <br /> in which event Consultant shall retain its records for the time required by <br /> such laws. <br /> 6.3. The payment made to Consultant pursuant to the Agreement will be <br /> the full and complete compensation to which Consultant is entitled. City <br /> will not make any federal or state tax withholdings on behalf of Consultant <br /> or its agents, employees or subcontractors. City will not be required to pay <br /> any workers' compensation insurance or unemployment contributions on <br /> behalf of Consultant or its employees or subcontractors. Consultant agrees <br /> to reimburse City within thirty (30) days for any tax, retirement contribution, <br /> ATTY/AGR/2011.107MIRECO 2 <br /> 101071 <br />