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ConsultanYs work product or other unavoidable delays occasioned by circumstances; <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 performance must be governed by sound practices. <br /> 5. Time is of the Essence. Time is of the essence for each and every provis+on of <br /> this Agreement. <br /> 6. Com�ensation. City shall pay to Consultant an amount not to exceed One <br /> hundred ten thousand and 00/100 Dollars ($110,000.00) for the completion of all <br /> the work and services described herein, which sum shall include all costs or <br /> 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 include <br /> the following: a clear, detailed invoice reflecting work being billed for, a summary <br /> sheet showing hourly rates, hours worked, percentage of work completed to <br /> date, amount/percent billed to date and current status of all tasks within a project; <br /> any/all backup documentation supporting the above items. Work schedule <br /> updates must also be included with the payment requests. <br /> 6.2 Consultant shall maintain adequate records and shall permit inspection and <br /> audit by City of ConsultanYs charges under this Contract. Consultant shall make <br /> such records available to City during normal business hours upon reasonable <br /> notice. Nothing herein shall convert such records into public records, and they <br /> will be available only to City and any specified public agencies. Such and they <br /> will be available only to City and any specified public agencies: Such records <br /> shall be maintained by Consultant for one (1) year following completion of the <br /> work under this Contract unless a longer period of time is required by state or <br /> federal law, in which event Consultant shall retain its records for the time <br /> required by such laws. <br /> 6.3. The payment made to Consultant pursuant to the Agreement will be the full and <br /> complete compensation to which Consultant is entitled. City will not make any federal <br /> 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 /> ATTY/AGR/2011.127/DSA BELLECCI 110000.DOC <br /> REV: 11l16/11 2 <br />