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_.___- �..,,..�,.�.� ,�.. � _. ....a.,... .,,�, <br /> 3. Term. Unless earlier terminated, the term of this Agreement will be effective for a <br /> period of one year from the date first above written. Extensions will be based upon a <br /> satisfactory review of Consultant's performance, City needs, and appropriation of funds <br /> by the City. The parties will prepare a written amendment indicating the effective date <br /> and length of the extended Agreement. <br /> 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 a lump sum in the amount of Eighty <br /> Eight Thousand One Hundred Twenty Five Dollars ($88,125) for the completion of all <br /> the work and services described herein, which sum 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. Provided, however, if Consultant does not receive notice from <br /> City to perform Additional Services then the contract price and full compensation to <br /> Consultant shall be a lump sum in the amount of Eighty Three Thousand One Hundred <br /> Twenty Five Dollars ($83,125 ). <br /> 6.1 An application for payment form must be submitted to City which shall include <br /> the following: a clear, detailed invoice reflecting work being billed for, a summary sheet <br /> showing hourly rates, hours worked, percentage of work completed to date, <br /> amount/percent 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 included with the payment requests. <br /> 6.2 Consultant shall maintain adequate records and shall permit inspection and <br /> audit by City of Consultant's charges under this Contract. Consultant shall make such <br /> records available to City during normal business hours upon reasonable notice. Nothing <br /> herein shall convert such records into public records, and they will be available only to <br /> City and any specified public agencies. Such records shall be maintained by Consultant <br /> for 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 retain <br /> its records for the time required by such laws. <br /> ATTY/AGR/2014.063/DYETT BHATIA <br /> REV:OS-08-14 JS <br /> Page 2 of 13 <br />