Laserfiche WebLink
6.1 C <br /> Page 4 <br /> una�oidable delay wil# not include strikes, [ockvuts, work stoppages, or other Iabor <br /> disturbances conducted by, or on behalf of, Consultant's officers or emplayees. <br /> Consultant acknowledges the importance to Ci�y o# City's project scheduie and agrees <br /> to put forth its best professional efforts to perForm the Services under this Agreement in <br /> a manner consisfient with that schedule. City understands, however, that Consultant's <br /> per#ormance must be governed by sound practices. <br /> 5. Time is of the Essence. Time is of the essence for each and every pro�ision of <br /> this Agreement. <br /> 6. Com,pensation. The total fee payable for the Services tv be performed during the <br /> initial term of this Agreement will be One hundred thirty finro fhousand seven hundred <br /> sixteen and 00/�00 Dollars ($132,716.00}. No other compensation for the Services wi�l <br /> be allowed except for i#�ms covered by 5ubsequen� amendments to this Agreement. <br /> The Cify reserves the rit�hf ta_w�thhold a ten percen# ('10%} retention until City has <br /> accepted the work andlor Services specified in Exhibit "A." <br /> Payment wil! occur orly after receipt by Cifiy o� irvoices suffciently detailed to incl�de <br /> hours performed, hourly rates, and related activities and cos#s €or approval by City. <br /> (ncremental payments, if applicable, should be made as ou��ined in attached Exhibi# "A." <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 emp�oyee of C�ty. The persons used by Gonsultant to provide services <br /> under this Agreement wil� not be considered emp�oyees of City for any purposes. <br /> The payment rnade fio Consultant pursuant to the Agreernent will be the fuii and <br /> complete compensation to which Consultant is entitled. City will not make any federal <br /> or state tax withholdings on behalf of Cansultant or its agen#s, employees or <br /> subcontractors. City will no# be required to pay any wo�-kers' compensation insurance or <br /> unemployment contributions on behalf of Consultant or its employees or subcontractors, <br /> Consultan# agrees to indemnify City within thirty �3�} days for any tax, retirement <br /> contribution, social security, overtime paymenfi, unemployment paymen� or workers' <br /> compensation payment which City may be required to make on behalf of Consul�ant or <br /> any agent, employee, or subcon#ractor of Consuitant for work done under this <br /> Agreement. At the City's election, City may deduct the indemnification amount from any <br /> balance owing to �ansultanf. <br /> 8. Subcontractinq. Consultan� wil[ not subcontracf any portion of the Ser�ices <br /> without prior written approval of City Manager or his/her desi�nee. If Consultant <br /> subcontracts any of the Services, Consultant will be fu11y responsible to City for fhe acts <br /> and omissions af Consultant's subcontrac#or and of the persons either directly or <br /> indirectly employed by the subcontractor, as Consultant �s for the acts and ornissions af <br /> persons direct�y emp�oyed by Consultant. Nothing contained in this Agreement will <br /> create any contractual r�lationship between any subcontractor of Consu�tan# and City. <br /> Consultant wi11 be responsible for payment of subcontrac�ors. Consultant will bind every <br /> ATTYIAGRI20D9.035 2 <br /> 073009 <br />