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<br />Consultant acknowledges the importance to City of City's project 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 schedule. City understands, however, that Consultant's <br />performance must be governed by sound practices. <br /> <br />4. Time is of the Essence. Time is of the essence for each and every provision of <br />this Agreement. <br /> <br />5. Compensation. Services performed by Consultant will be billed to City at a rate <br />of $130 per hour. <br /> <br />Payment will occur only after receipt by City of invoices sufficiently detailed to include <br />the scope of work performed, and related activities and costs for approval by City. <br /> <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 /> <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 /> <br />7. Other Consultants. The City reserves the right to employ other consultants in <br />connection with the Services. <br /> <br />8. Indemnification. Consultant agrees to protect, indemnify and save harmless City <br />and its officers, officials, employees and volunteers from and against all claims, <br />demands and causes of action by consultant's employees or third parties on account of <br />personal injuries or death or on account of property damages arising out of the work to <br />be performed by consultant hereunder and resulting from the negligent act or omissions <br />of consultant, consultant's agents, employees or subcontractors. <br /> <br />9. Maintenance of Records. Consultant will maintain complete and accurate <br />records with respect to costs incurred under this Agreement. All records will be clearly <br />identifiable. Consultant will allow a representative of City during normal business hours <br />to examine, audit, and make transcripts or copies of records and any other documents <br />created pursuant to this Agreement. Consultant will allow inspection of all work, data, <br /> <br />Agreement over $10K 2 <br />City Attorney Approved Version 111803 <br />