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4. Schedule. Consultant will adhere to the schedule set forth in Exhibit "A", <br /> provided, that City in its discretion may grant reasonable extensions of time for the <br /> performance of such services occasioned by unusually lengthy governmental reviews of <br /> Consultant's 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, Consultant's <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. Compensation. City shall pay to Consultant an amount not to exceed <br /> Twenty Thousand Dollars ($20,000) for the completion of all the work and <br /> services described herein, which sum shall include all costs or expenses incurred <br /> by Consultant, payable as set forth in Exhibit "A", attached hereto and made a <br /> 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 /> amount/percent billed to date and current status of all tasks within a <br /> project; any necessary backup documentation supporting the above items. <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 records shall be maintained by Consultant <br /> for one (1) year following completion of the work under this Contract unless <br /> a longer period of time is required by state or federal law, in which event <br /> Consultant shall retain 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 <br /> make any federal or state tax withholdings on behalf of Consultant or its agents, <br /> employees or subcontractors. City will not be required to pay any workers' <br /> compensation insurance or unemployment contributions on behalf of Consultant <br /> or its employees or subcontractors. Consultant agrees to reimburse City within <br /> thirty (30) days for any tax, retirement contribution, social security, overtime <br /> payment, unemployment payment or workers' compensation payment which City <br /> ATTY/AGR/2012.155/WILLIAM VERSACI AGREEMENT <br /> REV:09-25-12 VR 2 <br />