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stoppages, or other labor disturbances conducted by, or on behalf of, ConsultanYs officers or employees Consultant acknowledges the importance to City of City's pro�ect schedule and agrees to use its best professional efforts to meet the schedule City understands that Consultant's pertormance must be governed by sound practices 5 Time is of the Essence Time is of the essence for each and every provision of this Agreement 6 Compensation The total fee payable for the Services to be performed dunng the initial term of this Agreement wdl be $26,180 00 No other compensation for the ^-- Services will be allowed except for items covered by subsequent amendments to this Agreement City has the authority to withhold a 10% percent retention until City has accepted all of the services specified m Exhibit "A " There shall be no additional charge for expenses unless agreed to by City Payment will occur only after receipt by City of mvoices sufficiently detailed to mclude hourly rates, hours worked, and tasks performed, unless otherwise agreed to by City Incremental payments, if applicable, will be made as outlined in attached Exhibit "A " The payment made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled City will not make any federal or state tax withholdings on behalf of Consultant or its agents, employees or subcontractors City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Consultant or its employees or subcontractors Consultant agrees to reimburse City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City makes on behalf of Consultant or any agent, employee, or subcontractor of Consultant for work done under this Agreement At the City's election, City may deduct the reimbursable amount from any balance owing to Consultant 7 Status of Consultant Consultant will pertorm the Serwces in ConsultanYs as an independent contractor and not as an employee of City The persons used by Consultant to provide services under this Agreement shall not be considered employees of City for any purposes 8 Subcontractinq Consultant will not subcontract any portion of the Serwces without pnor written approval of City Manager or his/her designee If Consultant subcontracts any of the Services, Consultant will be fully responsible to City for the acts and omissions of ConsultanYs subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant Nothing contained in this Agreement wdl create any contractual relationship between any subcontractor of Consultant and City Consultant will be responsible for payment of subcontractors Consultant wdl bind every ATTY/AGRl2011 056/CROSBY GROUP 2 062211