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51�I� <br /> Attachment 1 B <br /> 4. Schedule. Gonsultant will adhere to the schedule established by the City for <br /> performance of the work contemplated by this Agreement; provided, Consultant will not <br /> be deemed responsible for delays caused by any person or entity other than Consultant <br /> or subcontractors to Consuitant. <br /> Consultant acknowledges the importance to City of City's project schedule and agrees <br /> to put forth its best professional efforts to perform its services under this Agreement in a <br /> manner consistent with that schedule. City understands, however, that ConsultanYs <br /> performance must be govemed 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 forty thousand dollars ($40,000), including <br /> expenses. Payment shall be entirely contingent and shall be due and payable upon the <br /> delivery of bonds or other securities (°Bonds") sold by City and shall be payable solely <br /> from the proceeds of the Bonds and from no other funds of City. <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. Consultant will be under control of City only as to the <br /> result to be accomplished, but will consult with City as necessary. The persons used by <br /> Consultant to provide services under this Agreement will not be considered employees <br /> of City for any purposes. <br /> The payment made to Con�ultant 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 on behalf of Consultant or its agents, employees or <br /> subcontractors. City will not be required to pay any workers' compensation insurance or <br /> unemployment contributions on behalf of Consultant or its employees or subcontractors. <br /> Consultant agrees to indemnify City within thirty (30) days for any tax, retirement <br /> contribution, social security, overtime payment, unemployment payment or workers' <br /> compensation payment which City may be required to make on behalf of Consultant or <br /> any agent, employee, or subcontractor of Consultant for work done under this <br /> Agreement. At the City's election, City may deduct the indemnification amount from any <br /> balance owing to Consultant. <br /> 8. SubcontractinQ. Consultant will not subcontract any portion of the Services <br /> without prior written approval of City Manager or his/her 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 /> Agreement applicable to Consultant's work unless specifically noted to the contrary in <br /> the subcontract and approved in writing by City. <br /> Attachment 1 B-2 <br />