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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 professional efforts to meet the schedule. City understands that Consultant's <br /> 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 Thirty-Five <br /> Thousand Five Hundred and 00/100 Dollars ($35,500.00), for the completion of all the <br /> work and services described herein, which amount shall include all costs or expenses <br /> incurred by Consultant, payable as set forth in Exhibit B, attached hereto and made a <br /> 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 <br /> completed to date, amount/percent billed to date and current status of all tasks <br /> within a project. City may request backup documentation supporting any items in <br /> an application for payment form submitted by Consultant. Work schedule <br /> updates must 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 Agreement. Consultant shall <br /> make such records available to City at a mutually agreeable time 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 for <br /> 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 <br /> 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 make <br /> 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 /> makes on behalf of Consultant or any agent, employee, or subcontractor of <br /> Consultant for work done under this Agreement. At the City's election, City may <br /> deduct the reimbursable amount from any balance owing to Consultant. <br /> ATTY/AGR/2012.166/NBBJ Page 2 of 12 <br /> REV:10-09-12 VR <br />