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2.2 Invoices. Each month Consultant shall furnish to City an original <br /> invoice for all work performed and expenses incurred during the preceding month in a form <br /> approved by City's Director of Finance. By submitting an invoice for payment under this <br /> Agreement, Consultant is certifying compliance with all provisions of the Agreement. The <br /> invoice shall detail charges for all necessary and actual expenses by the following categories: <br /> labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. <br /> Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice <br /> City for any duplicate services performed by more than one person. <br /> City shall independently review each invoice submitted by the Consultant to determine <br /> whether the work performed and expenses incurred are in compliance with the provisions of this <br /> Agreement. Except as to any charges for work performed or expenses incurred by Consultant <br /> which are disputed by City, City will use its best efforts to cause Consultant to be paid within <br /> forty five (45) days of receipt of Consultant's correct and undisputed invoice; however, <br /> Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot <br /> guarantee that payment will occur within this time period. In the event any charges or expenses <br /> are disputed by City, the original invoice shall be returned by City to Consultant for correction <br /> and resubmission. Review and payment by the City of any invoice provided by the Consultant <br /> shall not constitute a waiver of any rights or remedies provided herein or any applicable law. <br /> 2.3 Additional Services. City shall have the right at any time during the <br /> performance of the services, without invalidating this Agreement, to order extra work beyond <br /> that specified in the Scope of Services or make changes by altering, adding to or deducting from <br /> said work. No such extra work may be undertaken unless a written order is first given by the <br /> Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum <br /> for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said <br /> adjustments are subject to the written approval of the Consultant. Any increase in compensation <br /> of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five <br /> Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved <br /> by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be <br /> approved by the City Council. No claim for an increase in the Contract Sum or time for <br /> performance shall be valid unless the procedures established in this Section are followed. <br /> 3. PERFORMANCE SCHEDULE <br /> 3.1 Time of Essence. Time is of the essence in the performance of <br /> this Agreement. <br /> 3.2 Schedule of Performance. Consultant shall commence the <br /> services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform <br /> all services within the time period(s) established in the "Schedule of Performance" attached <br /> hereto as Exhibit "D" and incorporated herein by this reference. When requested by the <br /> Consultant, extensions to the time period(s) specified in the Schedule of Performance may be <br /> approved in writing by the Contract Officer but not exceeding thirty(30) days cumulatively. <br /> 3.3 Force Majeure. The time period(s) specified in the Schedule of <br /> Performance for performance of the services rendered pursuant to this Agreement shall be <br /> extended because of any delays due to unforeseeable causes beyond the control and without the <br /> fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public <br /> 2 <br /> 01203.0006/497573.5 <br />