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� i �- -� . <br /> other unavoidable delays occasioned by circumstances; provided, further, that such <br /> unavoidable delay will not include strik�s, lockouts, work stoppages, or other labor <br /> disturbances conducted by, or on behaif of, ConsultanYs 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 govemed by sound practices. <br /> 5. Time is of the Essenc�. Time is c�fi 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 Sixty �ight Thousand Five Hundred and No/100 <br /> Dollars ($68,500.00). No other compens�an:iori for the �ervices will b� allowed except for <br /> items covered by subsequent amendment� to thi� Agreement. The City reserves the <br /> right to withhold a ten p�rcen� (10%) ret�r�kion until City has accepted the work and/or <br /> Services specified in Exhibit "A." <br /> Payment will occur only after r�ceipt by City of i��voices sufficiently detailed to include <br /> hours perFormed, hourly r�ates, and rela�Ed activifiie� and costs for approval by City. <br /> Incremental payments, if appli�_,�ble, should �i� made as outline� in a4tached Exhibit "A." <br /> 7. Status of Consultant. Consultant vvill p�rform the �ervices in Consultant's own <br /> way as an independent contr�ctor �nd i`� pursuit of �ons�lt�nt'� independent calling, . <br /> and not as an� employee of City. The psr�ons us�:d by GQnsultant to provide services <br /> under this Agreement will not be cons�dsr�d err�play�e� ca� (;i�y for any purposes. <br /> The payment made to Consu�tant pursuae�t to xhP �yr€:ement will b� the full and <br /> complete compensation to whic;h Consul#�nt i� entitl�d. City will not make any federal . <br /> or state tax with�oldings o61 behalfi of Consultant or its agents, employees or <br /> subcontractors. Cify will not b� requi��d t� p�y any �rorker�' compensa�ion insurance or <br /> unemployment contributions ofi b�half of ConsuBxa��t �r it� empi�yees or subcontractors. <br /> � Consulta�it ag��ees to _ indemni�y City wri�f�in tiiiPty (3p) c��ys fio� any tax, retir�ment <br /> - contribution, social �ecurity, ov�r#if►�e p�yrrient, �n�rr�pl���m�nt payment or workers' <br /> compensation payment whieh City may b�; requir�d �c� rr�ake on behalf of Consultant or � <br /> any agent, empiny�e, or s�bcontra��Ar of G�ns�iltar�� for w�rk done under this <br /> Agreement. At the City's ele�ic�Fa, City r��y deduct ihe ir�d�fr�nifi�a�eon amount from a�y <br /> . balance owrng to Cc�ns�altan4. � <br /> 8. Subcontracting. Consulfd�4 will riot subcontract ar�y par�ion of the Services <br /> without prior . written approval af City Mana��r or his/her c7esignee. If Consultant <br /> subcontract� any of the Servic�s, Con�ultant Will be fully responsibo� to City for the acts <br /> and omissions of Consulta�t's subeonfi��cioe and of th� persons either directly or <br /> indirectly employed by the sube�ntractor, as CAnsultant is for the acts and omissions of <br /> persons directly employed b� Consultant. Nothing contained in this Agreement will <br /> create any contractual relationSFjip between any subcontractor of Consultant and City. <br /> Agreement over $10K 2 <br /> City Attorney Approved Version 111803 <br />