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3. Term. Unless earlier terminated, the term of this Agreement will commence on July 1, 2011 and shall expire on October 1, 2011. 4. Schedule. Consultant will generally adhere to the schedule set foRh in Exhibit "A" hereof, attached hereto and by this reference incorporated herein; provided, that Citywill grant reasonable extensions of time for the pertortnance of such services occasioned by unusually lengthy governmental reviews of ConsultanYs work product or other unavoidable delays occasioned by circumstances; provided, further, that such unavoidable delay will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, ConsultanYs officers or employees. Consultant acknowledges the importance to Cityof City's project schedule and agrees to put forth its best professional efforts to pertorm the Services under this Agreement in a manner consistent with that schedule. City understands, however, that ConsultanY'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. Comoensation.The total fee payable for the Services to be pertormed during the initial term of this Agreement is six thousand two hundred fifty dollars ($6,250.00). Additionally, Consultant will be reimbursed for the cost of performers, equipment, and additional elements necessary for the production of the event not to exceed $18,750. Total compensation pursuant to this contract will not exceed $25,000. No other — compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. Consultant shall submit invoices that contain all of the following items to the City:1) service date,2) description/itemization of goods or services pertormed and the corresponding task number outlined in Exhibit A, and 3) if applicable, copies of receipts and statements describing the purpose of the purchase or rental. Incremental payments, if applicable, should be made as outlined in attached Exhibit "A."City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or services specified in Exhibit A. 7. Status of Consultant. Consultant will pertorm the Services in ConsultanYs own way as an independent contractor and in pursuit of ConsultanYs independent calling, and not as an employee of City. The persons used by Consultant to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Consultant pursu�nt to the Agreement will be the full and complete compensation to which Consultant is entitled. Citywill 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 indemnity City within thirty (30) days for any tax, retirement ATTY/AGR/2011. O81 2 071111