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�. � c-4 <br /> 4. Time is of the Essence. Time is of the essence for each and every provision of <br /> this Agreement. <br /> 5. Compensation. RC2020/City shall compensate Consultant for all senrices <br /> perFormed by Consultant hereunder in an amount based upon project rates as outlined <br /> in the Early and Family Support Program proposal submitted to First 5. A copy of <br /> Consultant's rates for which services hereunder shall be perFormed are set forth in <br /> Exhibit "B" Consultant's Project Budget, which is incorporated by this reference in <br /> accordance with this Agreement's terms and conditions. <br /> Notwithstanding the foregoing, the combined total of compensation and reimbursement <br /> of costs payable hereunder shall not exceed the sum outlined in Exhibit "B" unless the <br /> performance of services and/or reimbursement of costs and expenses in excess of said <br /> amounts have been approved in advance of pertorming such services or incurring such <br /> costs and expenses of RC2020/City, evidenced by motion duly made and carried. <br /> Compensation and reimbursement of costs and expenses hereunder shall be payable <br /> upon quarterly billing therefore by Consultant to RC2020/City, which billing shall include <br /> an itemized statement, briefly describing by task and labor category or cosUexpense <br /> items billed. <br /> 6. Status of Consultant. Consultant will perform the Services in Consultant's own <br /> way as an independent contractor and in pursuit of Consultant's independent calling, <br /> and not as an employee of City. The persons used by Consultant to provide services <br /> under this Agreement will not be considered employees of City for any purposes. <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 or <br /> unemployment contributions on behalf of Consultant or its employees or subcontractors. <br /> Consultant agrees to indemnify City within thirty (30) days for any tax, retirement <br /> contribution, social security, overtime payment, unemployment payment or workers' <br /> compensation payment which City may be required to make on behalf of Consultant or <br /> any agent, employee, or subcontractor of Consultant for work done under this <br /> Agreement. At the City's election, City may deduct the indemnification amount from any <br /> balance owing to Consultant. <br /> 7. Subcontractinq. 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 acts <br /> and omissions of 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 employed by Consultant. Nothing contained in this Agreement will <br /> create any contractual relationship between any subcontractor of Consultant and City. <br /> Consultant will be responsible for payment of subcontractors. Consultant will bind every <br /> Atty/Agr/Agr.227 <br /> 092104 2 <br />