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<br />circumstances; provided, further, that such unavoidable delay will not include <br />strikes, lockouts, work stoppages, or other labor disturbances conducted by, or <br />on behalf of, Consultant's officers or employees. <br /> <br />Consultant acknowledges the importance to City of City's project schedule and <br />agrees to put forth its best professional efforts to perform the Services under this <br />Agreement in a manner consistent with that schedule. City understands, <br />however, that Consultant's performance must be governed by sound practices. <br /> <br />5. Time is of the Essence. Time is of the essence for each and every <br />provision of this Agreement. <br /> <br />6. Compensation. The total fee payable for the Services to be performed <br />during the initial term of this Agreement will be One hundred twenty eight <br />thousand two hundred ninety and 00/100 Dollars ($128,290.00). No other <br />compensation for the Services will be allowed except for items covered by <br />subsequent amendments to this Agreement. The City reserves the right to <br />withhold a ten percent (100/0) retention until City has accepted the work and/or <br />Services specified in Exhibit "A." Accumulated retention shall be paid <br />immediately upon satisfactory completion of each identified task. Labor rates <br />shall remain valid through December 2010 without increase. <br /> <br />Payment will occur only after receipt by City of invoices sufficiently detailed to <br />include hours performed, hourly rates, and related activities and costs for <br />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 <br />own way as an independent contractor and in pursuit of Consultant's <br />independent calling, and not as an employee of City. The persons used by <br />Consultant to provide services under this Agreement will not be considered <br />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 <br />federal or state tax withholdings on behalf of Consultant or its agents, employees <br />or subcontractors. City will not be required to pay any workers' compensation <br />insurance or unemployment contributions on behalf of Consultant or its <br />employees or subcontractors. Consultant agrees to indemnify City within thirty <br />(30) days for any tax, retirement contribution, social security, overtime payment, <br />unemployment payment or workers' compensation payment which City may be <br />required to make on behalf of Consultant or any agent, employee, or <br />subcontractor of Consultant for work done under this Agreement. At the City's <br />election, City may deduct the indemnification amount from any balance owing to <br />Consultant. <br /> <br />A TTY /AGR/201 0.002 <br />011310 <br /> <br />2 <br />