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<br />stoppages, or other labor disturbances conducted by, or on behalf of, Consultant's <br />officers or employees. <br /> <br />Consultant acknowledges the importance to City of City's project schedule and agrees <br />to use its best professional efforts to meet the schedule. City understands that <br />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 provision of <br />th is Ag reement. <br /> <br />6. Compensation. The total fee payable for the Services to be performed during the <br />initial term of this Agreement will be $119,149.00. No other compensation for the <br />Services will be allowed except for items covered by subsequent amendments to this <br />Agreement. City has the authority to withhold a 100/0 retention until City has accepted all <br />of the services specified in Exhibit "A." <br /> <br />There shall be no additional charge for expenses unless agreed to by City. Payment will <br />occur only after receipt by City of invoices sufficiently detailed to include hourly rates, <br />hours worked, and tasks performed, unless otherwise agreed to by City. Incremental <br />payments, if applicable, will be made as outlined in attached Exhibit "A." <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 be required to pay <br />any workers' compensation insurance or unemployment contributions on behalf of <br />Consultant or its employees or subcontractors. Consultant agrees to reimburse City <br />within thirty (30) days for any tax, retirement contribution, social security, overtime <br />payment, unemployment payment or workers' compensation payment which City makes <br />on behalf of Consultant or any agent, employee, or subcontractor of Consultant for work <br />done under this Agreement. At the City's election, City may deduct the reimbursable <br />amount from any balance owing to Consultant. <br /> <br />7. Status of Consultant. Consultant will perform the Services in Consultant's own <br />way as an independent contractor and not as an employee of City. The persons used <br />by Consultant to provide services under this Agreement shall not be considered <br />employees of City for any purposes. <br /> <br />8. Subcontractino. Consultant will not subcontract any portion of the Services <br />without prior written approval of City Manager or hislher designee. If Consultant <br />subcontracts any of the Services, Consultant will be fully responsible to City for the acts <br />and omissions of Consultant's subcontractor and of the persons either directly or <br />indirectly employed by the subcontractor, as Consultant is for the acts and omissions 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 will be responsible for payment of subcontractors. Consultant will bind every <br />subcontractor and every subcontractor of a subcontractor by the terms of this <br /> <br />A TTY lAG R/20 1 0.066 <br />073010 <br /> <br />2 <br />