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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 />$52.00 per game (2 Umpires) <br />$52.00 per game (2 Umpires) <br /> <br />*Slow Pitch - Playoff Game <br /> <br />*Slow Pitch - Championship Game <br /> <br />$57.00 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 ($17.606.00)- Seventeen <br />Thousand. Six Hundred. and Six Dollars and 00/100 Cents. No other compensation <br />for the Services will be allowed except for items covered by subsequent amendments to <br />this Agreement. The City reserves the right to withhold a ten percent (100/0) retention <br />until City has accepted the work and/or Services specified in Exhibit "A." Payment will <br />occur only after receipt by City of invoices sufficiently detailed to include hours <br />performed, hourly rates, and related activities and costs for approval by City. <br />Incremental payments, if applicable, should be made as 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 />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 /> <br />Agreement over $1 OK 2 <br />City Attorney Approved Version 111803 <br />