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strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on <br /> behalf of, Consultant's officers or employees. <br /> Consultant acknowledges the importance to City of City's project schedule and <br /> agrees to use its best professional efforts to meet the schedule. City understands <br /> that 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 <br /> of this Agreement. <br /> 6. Compensation. City shall pay to Consultant an amount not to exceed One <br /> Hundred Thousand and 00/100 Dollars ($100,000.00) for the work and services <br /> described herein, which sum shall include all costs or expenses incurred by <br /> Consultant, payable as set forth in Exhibit "B", attached hereto and made a part <br /> 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 <br /> for, a summary sheet showing hourly rates, hours worked, percentage <br /> of work completed to date, amount/percent billed to date and current <br /> status of all tasks within a project; any and all backup documentation <br /> supporting the above items. Work schedule updates must also be included <br /> with the payment requests. <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 <br /> such records into public records, and they will be available only to City <br /> and any specified public agencies. Such records shall be maintained by <br /> Consultant for one (1) year following completion of the work under this <br /> Contract unless a longer period of time is required by state or federal <br /> 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 <br /> the full and complete compensation to which Consultant is entitled. City <br /> will not make any federal or state tax withholdings on behalf of <br /> Consultant or its agents, employees or subcontractors. City will not be <br /> required to pay any workers' compensation insurance or unemployment <br /> contributions on behalf of Consultant or its employees or subcontractors. <br /> Consultant agrees to reimburse City within thirty (30) days for any tax, <br /> retirement contribution, social security, overtime payment, unemployment <br /> payment or workers' compensation payment which City makes on behalf <br /> of Consultant or any agent, employee, or subcontractor of Consultant for <br /> work done under this Agreement. At the City's election, City may deduct <br /> the reimbursable amount from any balance owing to Consultant. <br /> ATTY/AG R/2013.017/M I G <br /> REV:02-05-13 VR <br /> Page 2 of 12 <br />