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6.1 E <br /> Page 26 <br /> unavoidable delay will not include strikes, lockouts, work stoppages, or other labor <br /> disturbances conducted by, or on behalf of, Consultant's officers or employees. <br /> Consultant acknowledges the importance to City of City's praject schedule and agrees <br /> to put forth its best professional efforts to perForm the Services under this Agreement in <br /> a manner consistent with that sch�dule. City understands, however, that Consu(tanYs <br /> performance must be governed by sound practices. <br /> 5. Time is af the Essence. Time is of the essence for each and every provision of <br /> this Agreement. <br /> 6. Compensation. The tota! fee payable for the Services to be perFormed during the <br /> initial term of this Agreement will be one hundred and seventy seven thousand and two <br /> hundred and thirty dollars ($177,230.00}. No other compensation for the Services will be <br /> al��YV�� exce�t for �te���s covered by su�s�yuerii am�ndm�nts io tnis Hgreement. i ne <br /> City reserves the right to withhold a ten percent (10%) retention until City has accepted <br /> the work and/or Services specified in Exhibit "A." Payment will occur only after receipt <br /> by City af invoices sufficientfy detailed to include hours performed, hourly rates, and <br /> related activities and costs for approval by City. Incremental payments, if applicable, <br /> should be made as outlined in attached Exhibit "A." <br /> 7. Stat�rs of Cansultant. Consultant wil! perforrn the Services in Consultant's own <br /> way as an independent contractor and in pursui# of Gonsuitant's independent calling, <br /> and not as an emp(oyee af 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 wil! not make any federal <br /> or state tax v��ithhofdings o►� beha!# of Ca^sult��t or ifs agent�, em�loyees �r <br /> subcontractors. City wil! not be required to pay any workers' compensation insurance or <br /> unemployment contributions on behalf of Consultant ar its employees or subcontractors. <br /> Consultant agrees to indemnify City within thirty {30) days far any tax, retirement <br /> contribution, sacial security, overtime payment, unemp(oyment payment or workers' <br /> com�ensation payment which City may be requi�sd Ea make an behalf of Consultant or <br /> any agent, employee, or subcontractor of Consui#ant for work done under this <br /> Agreement. A#the City's eiection, Ci#y may deduc# the indemnification amount from any <br /> balance owing to Consultant. <br /> 8. Subcontractinq. Consultant will not subcontract any portion of the Services <br /> withaut priar 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 Consultan#'s subcontractor and of the persons either directly or <br /> indirectiy employed by the subcontractor, as Cansuftant 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 subcontrac#or of Consultant and City. <br /> Consultant will be responsible for payment of subconfiractors. Consultant wiil bind every <br /> ATTY/AGR/2007.006 <br /> 040307 <br /> 2 <br />