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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 /> Consultant's performance must be governed 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 Seventy <br /> thousand seven hundred ninety four and 00/100 Dollars ($70,794.00) for the completion <br /> of all 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 hereto <br /> and made a part hereof by reference. <br /> 6.1 An application for payment form must be submitted to City which shall include the <br /> following: a clear, detailed invoice reflecting work being billed for, a summary sheet <br /> showing hourly rates, hours worked, percentage of work compieted to date, <br /> amounUpercent billed to date and current status of all tasks within a project; any/all <br /> backup documentation supporting the above items. Work schedule updates must also <br /> be inciuded with the payment requests. <br /> � 6.2 Consultant shall maintain adecjuate records and shall permit inspection and audit by <br /> City of ConsultanYs charges under this Contract. Consultant shall make such records <br /> available to City during normal business hours upon reasonable notice. Nothing herein <br /> shall convert such records into pubiic records, and they will be available only to City and <br /> any specified public agencies. Such and they will be available only to City and any <br /> specified public agencies. Such records shall be maintained by Consultant for one (1) <br /> year following completion of the work under this Contract unless a longer period of time <br /> is required by state or federal law, in which event Consultant shall retain its records for <br /> the time 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 empioyees or subcontractors. <br /> Consultant agrees to reimburse City within thirty (30) days for any tax, retirement <br /> contribution, social security, o.vertime 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 /> ATTY/AGR/2011.128/ Bellecci 70794 <br /> REV: 11/16/11 Page 2 of 14 <br />