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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. Compensation. City shall pay to Consultant an amount not toexceed Forty <br /> Thousand Dollars ($40,000)for the completion of all the work and services described <br /> herein, which sum shall include all costs or expenses incurred by Consultant, payable <br /> as set forth in Exhibit "B", attached hereto and made a 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; any/all backup documentation supporting the above items. <br /> Work schedule 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 Contract. Consultant shall <br /> make such records available to City during normal business hours upon <br /> reasonable notice. Nothing herein shall convert such records into public <br /> records, and they will be available only to City and any specified public <br /> agencies. Such records shall be maintained by Consultant for one (1) year <br /> following completion of the work under this Contract unless a longer period <br /> 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 <br /> make any federal or state tax withholdings on behalf of Consultant or its <br /> agents, employees or subcontractors. City will not be required to pay any <br /> workers' compensation insurance or unemployment contributions on behalf of <br /> Consultant or its employees or subcontractors. Consultant agrees to <br /> reimburse City within thirty (30) days for any tax, retirement contribution, <br /> social security, overtime payment, unemployment payment or workers' <br /> compensation payment which City makes on behalf of Consultant or any <br /> agent, employee, or subcontractor of Consultant for work done under this <br /> Agreement. At the City's election, City may deduct the reimbursable amount <br /> from any balance owing to Consultant. <br /> ATTY/AGR/2012.188/Cultivate,LLC <br /> REV:11-30-12 VR <br /> Page 2 of 12 <br />