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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 and otherwise coordinate the best professional efforts to perform the <br />Services under this Agreement in a manner consistent with that schedule. City <br />understands, however, that Consultant's performance must be governed by sound <br />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 twelve thousand, three hundred seventy five dollars <br />($12,375.00). 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." <br /> <br />Payment will occur only after receipt by City of invoices sufficiently detailed to include <br />number and description of facilities appraised for approval by City. Incremental <br />payments, if applicable, should be made as outlined in attached Exhibit "A." <br /> <br />7. Status of Consultant. Consultant will, either directly or indirectly through its own <br />independent contractor, perform the Services in Consultant's own way as an <br />independent contractor and in pursuit of Consultant's independent calling, and not as an <br />employee of City. The persons used by Consultant to provide services under this <br />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 />8. SubcontractinQ. Consultant may subcontract any portion of the Services under <br />this contract to American Appraisal Services. Except as so provided, Consultant will not <br />otherwise subcontract any portion of the Services without prior written approval of City <br />Manager or his/her designee. If Consultant subcontracts any of the Services, <br /> <br />Agreement over $10K 2 <br />City Attorney Approved Version 111803 <br />