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4. Schedule. Consultant will adhere to the schedule set forth in the Scope of <br /> Services, provided, that City in its discretion may grant reasonable extensions of time <br /> for the performance of such services occasioned by unusually lengthy govemmental <br /> reviews of Consultant's work product or other unavoidable delays occasioned by <br /> circumstances; provided, further, that such unavoidable delay will not include strikes, <br /> lockouts, work stoppages, or other labor disturbances conducted by, or on behaff of, <br /> Consultant's 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 govemed 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. The total fee payable for the Services to be performed during <br /> the term of this Agreement will be $37,000.00 (Thirty Seven Thousand Dollars). No <br /> other compensation for the Services will be allowed except for items covered by <br /> subsequent amendments to this Agreement. City has the authority to withhold a10% <br /> percent retention until City has accepted all of the services specified in the Scope of <br /> Senrices. <br /> There shall be no additional charge for expenses unless agreed to by City. Payment <br /> will occur only after receipt by City of invoices sufficiently detailed to include hourly <br /> rates, hours worked, and tasks performed, unless otherwise agreed to by City. <br /> Incremental payments, if applicable, will be made as outlined in attached Exhibit"A." <br /> The payment made to Consultant pursuant to the Agreement will be the full and <br /> complete compensation to which Consultant is entitled. City will not make any federal <br /> or state tax withholdings on behalf of Consultant or its agents, employees or <br /> subcontractors. City will not be required to pay any workers' compensation insurance <br /> or unemployment contributions on behalf of Consultant or its employees or <br /> subcontractors. Consultant agrees to reimburse City within thirty (30) days for any tax, <br /> retirement contribution, social security, overtime payment, unemployment payment or <br /> workers' compensation payment which City makes on behalf of Consultant or any <br /> agent, employee, or subcontractor of Consultant for work done under this Agreement. <br /> At the City's election, City may deduct the reimbursable amount from any balance <br /> owing to Consultant. <br /> 7. Status of Consultant. Consultant will perform the Services as an independent <br /> contractor and not as an employee of City. The persons used by Consultant to <br /> provide services under this Agreement shall not be considered employees of City for <br /> any purposes. <br /> 8. Subcontractinp. Consultant will not subcontract any portion of the Services <br /> without prior written approval of City Manager or his/her designee. If Consultant <br /> REV:06-02-14 MLG <br /> Page 3 of 10 <br /> ATTY/AGR.2014.084/AOD Subcontract with PCRC for Coordination 2014-15 <br />