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4. Schedule. Consultant will adhere to the schedule set forth in Exhibit <br /> "A", provided, that Gity in its discretion may grant reasonable extensions of time for the <br /> performance of such services occasioned by unusuaily 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, wo�lc <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 gavemed by sound practices. <br /> 5. Time is of the Essence. Time is of the essence for each and every <br /> provision of this Agreement. <br /> 6. Compensation. The total fee payable for the Services to be performed <br /> during the Term of this Agreement will be $50,000 (fifty thousand dollars). City shall <br /> pay Consultant $25,000 (finrenty-five thousand dollars) upon City's execution of this <br /> agreement, and the balance upon satisfactory completion of the Services. No other <br /> compensation for the Services will be allowed except for items covered by subsequent <br /> amendments to this Agreeme�#. The payment made to Consultant pursuant to the <br /> Agreement will be the full and camplete compensation to which Consultant is entitled. <br /> City will not 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 workers' <br /> compensation insurance or unemployment contributions on behalf of Cansultant or its <br /> employees or subcontractors. Consultant agrees to reimburse City wi#hin thirty (30) <br /> days for any tax, retirement contribution, social security, overtime payment, <br /> unemployment payment or workers' compensation payment which City makes on behalf <br /> of Consultant or any agent, employee, or subcontractor of Consultant for work done <br /> under this Agreement. <br /> 7. Status of Consultant. Consuttant wi{I perform the Services as an independent <br /> contractor and not as an employee of City. The persons used by Consultant to provide <br /> services under this Agreement shall not be considered employees of City for any <br /> purposes. <br /> 8. Subcontracting. Consultant will not subcontract any portion of the Services <br /> without prior written approval of City Manager or his/her designee. If Consultant <br /> subcontracts any of the Services, Consultant will be fully responsible to City for the <br /> acts and omissions af Consultant's subcontractor and of the persons either directly or <br /> indirectly employed by the subcontractor, as Consultant is for the acts and omissions of <br /> persons directly emplayed by Consultant. Nothing contained in this Agreement will <br /> create any contractual relationship befinreen any subcontractor of Consultant and City. <br /> Consultant will be responsible for payment of subcontractors. Consultant will bind every <br /> subcontractor and every subcontractor of a subcontractor by the terms of this <br /> Agreement appficable to ConsultanYs work unless specifically noted to the contrary in <br /> the subcontract and approved in writing by City. <br /> REV:02-12-15 MLG <br /> Page 2 of 13 <br /> ATTY/AGR2015.029/PyroS pectaculars <br />