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7C <br /> Page 7 <br /> stoppages, or other labor disturbances conduCted by, ar on behalf of, Consultant's <br /> o�cers or employees. <br /> Consultant acknowledges the importance ta City of City's project schedule and agrees <br /> �to use its best professional efforts to meet the schedule. City understands fihat <br /> Consultant's performance must be governed by sound practices. <br /> 5. Time is of the Essence. Time is of the essence for each and every provision of <br /> this Agreement. <br /> 6. Compensation. The total#ee payable for the Services to be performed during the <br /> initial term of this Agreement will not exceed Three hundred ten thousand and 0�/100 <br /> Dollars ($310,004.00). No other compensation for the Services wiil be allowed except <br /> for items covered by subsequent amendments to this Agreement. City has the authority <br /> to withho�d a 0%percent retention until City has accepted all of the services spec��ed in <br /> Exhibit"A." There shall be no additional charges for expenses. <br /> Payment will occur only after receipt by City of invoices sufficiently detailed to include <br /> hours perFormed, hourly rates, and related acti�ities and costs for approval by City <br /> Manager. <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 pn behalf of Consultant or its agents, employees or <br /> subcontract�rs. City wi11 not be required to pay ar�y workers'compensation insurance or <br /> unemployment contributions on be�alf af Consultant or its employees or subcontractors. <br /> Consultant agrees to reimburse City within thirty (30) days for any #ax, retirement <br /> contribution, soc'tal security, overtime payment, unemployment payment or worlcers' <br /> compensation payment which City makes on behalf of Consultant or any agen#, <br /> employee, or subcontractor of Consultant for work done under this Agreement. At the <br /> City's election, City may deduct the reimbursable amount from any balance owing to <br /> Consultant. <br /> 7. Status of Consultant. Consultant will perform the Services in Consultant's as an <br /> independent contractor and not as an employee of City. The persons used by <br /> Consultant to provide services under this Agreement shall no#be considered employees <br /> of City for any purposes. <br /> 8. Subcontractinq. Consultant will not subcontract any portion o# the Services <br /> without prior wr�tten appraval of City Manager or his/�er designee. If Consultant <br /> subcontracts any of the Ser�ices, Consultant will be fu!!y responsible to City for the acts <br /> and omissions of Consultant's subcontractor and of the persons either directly or <br /> indire�#ly employed by the subcontractor, as Consultant is for the acts and amissions of <br /> persons directly employed by Consultant. Nothing contained in this Agreement will <br /> create any contractual relationship between any subcontractor of Consultant and City. <br /> Consultant wil�be responsibfe for payment of subcontractors. Consultant wilt bind every <br /> Agreement over$10K 2 <br /> City Attorney Appro�ed Version a12710 <br />