Agmt16 Pyro Spectaculars North, Inc.

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4, Schedule. Cor�sult�nt wil! adhere #o the schedule s�t forth ir� Exhibit "A", provided,that Gity in its discra�tion may grant reasonable e�ctensior�s of time �or the perf'�rmance of such services occasioned by unusually lengthy govemmen#al reviews af Co►�suttant's work prod�ct ar o#her unawoidable delays o�casianed by circumsfances; prouided, furth$�, #hat such unavoidable delay wili not inelude strikes, (ockauts, work stappages, or other labcar disturbances con�ucted by, or on behalf of, Consultant's officers ar emp(c��rees. Gonsul�ant acknowledges the importance to Gifiy c�fi City's prvject schedule ar�d'agrees to use its b�es�t professiona�l efforts ta meet the schedule. City unders#ands that Consaltant's perft�rmance must be gnvemed by sour�d prac#ices, 5. Time 15 O� tFt� Ess�nce, Time is of the essence fc�� ea�h and every provi$ivn of this Agreem�nt, s. Com�ensation. The total fee payable for the Services ta be perFormed during th� Term of this Agreement wiq be $55,00� {fifty-five thousa�d doliars). Ci#y shall pay Consultant $30,04U (thirty thausand dol[ars) upon Ci�s execu#it�n �f this agre�m�nt, and the balance up�n satisfa�tory compl�tion of the Services. �o ofher compensatic�n fc�r the Services will be allowed except far items cover+ed by subsequent amendments ta this Agreemen#. The payment made ta Consul#�nt pursu�nt to the Agreement will be the fu[! ar�d complete compens�tion ta which Consultant is entitled. City will not make any feder�l c�r state tax withholdings r�n behalf af C€�nsultant or its agents, employees or subcontractors. City wilt not be required ta pay any wo�kers' compensafian insurance or unemplQyment contributions an behalf of Consuttant ar its empioy�es or subcon#ractors. Consuitar�t agrees tc� reimburse City wi#hin thirty(3Q) days far any#ax, retirement contributic�rt, social sect�nty, avertime payment, unemployment payment or warkers` compensatic�n payment which City makes an behalf of Consultant or any agent, employee, or subcontractor of Consultant fc�r work done under this Agreement, �. Status of �ansultant. Gonsultant wili p e rfa r m #he Services as an independent ct�ntractor and not as an employee of Ci#y.The persons used by Gonsultant to provide services under th[s Agreement shall not be consic�ered emplayees t�f City#or any purpt�ses. 8. Subcontractinc�. Cansultan# wifl not subcontra�ct any p�artifln af the Serrrices with'out prior written approval of City Manager or his/her designee. If Consultar�t subcontra�ts any c�f the Services, Consultant wi[i be fuily responsib[e to City for the acts and omissians of Cons�ltant's subcontractor and af the persons either directly or indirectly emplayed by the subcontcactor, as Cansultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Agreement wiEl create any contr�ctual relatic�nship between any subcontractor of Cvnsultant and Gity, Consuftant wil! be responsibfe for payrner�t of subcontr�ctors. CQnsultant will bind ev�ry subeontractor and every subcontractor of a subc�ntractor by the terms of this Agreement applicable to Cc�nsultant's wark unless specifically noted to the cantrary in the subcantract an+d approved in writir�g by City. REV:04-19-16 FF Page S of i3 ATTY/AGR.2(}16.0"�$IPyrospeetaculars�latttl, Inc.