Agmt08 Rubinstein, Barton - Laserfiche WebLink

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4. Schedule. Artist will generally adhere to the schedule set forth in Exhibit "An hereof, attached hereto and by this reference incorporated herein; provided, that City will grant reasonable extensions of time for the performance of such Work occasioned by unusually lengthy governmental reviews of Artist's work product or other unavoidable delays occasioned by circumstances; provided, further, that such unavoidable delay will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Artist's officers or employees. Artist acknowledges the importance to City of City's project schedule and agrees to put forth its best professional efforts to perform the Work under this Agreement in a manner consistent with that schedule. City understands, however, that Artist's performance must be governed by sound practices. 5. Time is of the Essence. Time is of the essence for each and every provision of this Agreement. 6. Compensation. The total fee payable for the Work to be performed during the initial term of this Agreement will be $50,000 dollars (Fifty-Thousand). No other compensation for the Work will be allowed except for items covered by subsequent amendments to this Agreement. The City will provide a first installment payment of $40,000. The remaining $10,000 payment will be sent to Artist once the City has accepted the Work specified in Exhibit "A." Payment will occur only after receipt by City of invoices. 7. Status of Artist. Artist will perform the Work in Artist's own way as an independent contractor and in pursuit of Artist's independent calling, and not as an employee of City. The persons used by Artist to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Artist pursuant to the Agreement will be the full and complete compensation to which Artist is entitled. City will not make any federal or state tax withholdings on behalf of Artist or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Artist or its employees or subcontractors. Artist agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Artist or any agent, employee, or subcontractor of Artist for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Artist. 8. Subcontractinq. Artist will not subcontract any portion of the Work without prior written approval of City Manager or his/her designee. If Artist subcontracts any of the Work, Artist will be fully responsible to City for the acts and omissions of Artist's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Artist is for the acts and omissions of persons directly employed by Artist. Nothing contained in this Agreement will create any contractual relationship A TTY/AGR/2008.075 090408 2