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<br />other unavoidable delays occasioned by circumstances; provided, further, that such <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 /> <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 />5. Time is of the Essence. Time is of the essence for each and every provision of <br />this Agreement. <br /> <br />6. Compensation. The total fee payable for the Services to be performed during the <br />initial term of this Agreement will be: <br /> <br />TYPE OF GAME <br /> <br />RATES <br /> <br />*Slow Pitch - Regular Season Game <br /> <br />$50.00 per game (2 Umpires) <br /> <br />*Slow Pitch - Playoff Game <br /> <br />$50.00 per game (2 Umpires) <br /> <br />*Slow Pitch - Championship Game <br /> <br />$55.00 per game (2 Umpires) <br /> <br />All sums disbursed to Association hereunder, except the aforementioned administrative <br />services sum of Two Hundred and 00/100 Dollars ($200.00), shall be held in trust by <br />Association and distributed to Association's individual members as compensation for <br />their respective individual services rendered at the above rates. It is understood and <br />agreed that in no event shall the total amount to be paid by City for all individual <br />services to be rendered by Association's members exceed Fifteen Thousand, Eight <br />Hundred and Seventy Dollars and 00/100 Cents, ($15,870.00) for umpiring and <br />Two Hundred and 00/100 Dollars $200.00 for administrative services; for a total <br />not to exceed ~1'fBI' '1IQ ijt~9'Ii;;i~t1au~iff&iiil~alrtf~ii"i;f.liilj \l~~~;hdOO/'lOO <br /> <br />IGents~1 No other compensation for the Services will be allowed except for items <br />covered by subsequent amendments to this Agreement. The City reserves the right to <br />withhold a ten percent (10%) retention until City has accepted the work and/or Services <br />specified in Exhibit "A." Payment will occur only after receipt by City of invoices <br />sufficiently detailed to include hours performed, hourly rates, and related activities and <br />costs for approval by City. Incremental payments, if applicable, should be made as <br />outlined in attached Exhibit "A." <br /> <br />7. 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 />Agreement over $10K 2 <br />City Attorney Approved Version 111803 <br />