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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 /> 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 /> 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 fee payable for the Services to be performed during the <br /> initial term of this Agreement will be: <br /> TYPE OF GAME RATES <br /> *Slow Pitch - Regular Season Game $52.00 per game (2 Umpires) <br /> *Slow Pitch - Playoff Game $52.00 per game (2 Umpires) <br /> *Slow Pitch — Championship Game $57.00 per game (2 Umpires) <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 ($25,787.00)- Twenty Five -- <br /> Thousand, Seven Hundred Eighty Seven Dollars and 00/100 Cents. No other <br /> compensation for the Services will be allowed except for items covered by subsequent <br /> amendments to this Agreement. The City reserves the right to withhold a ten percent <br /> (10 %) retention until City has accepted the work and /or Services specified in Exhibit "A." <br /> Payment will occur only after receipt by City of invoices sufficiently detailed to include <br /> hours 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 /> 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 /> 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 /> Agreement over $10K 2 <br /> City Attorney Approved Version 111803 <br />