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3. Term. Unless earlier terminated, the term of this Agreement will commence on <br /> March 1, 2012 and shali expire on October 1, 2012. <br /> 4. Schedule. Consultant will generally adhere to the schedule set forth in Exhibit <br /> "A" hereof, attached hereto and by this reference incorporated herein; provided, that <br /> City will grant reasonable extensions of time for the performance of such services <br /> occasioned by unusually lengthy governmental reviews of Consultant's work product or <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, Consuitant'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 is six thousand two hundred fifty dollars ($6,250.00). <br /> Additionally, Consultant will be reimbursed for the cost of performers, equipment, and <br /> additional elements necessary for the production of the event in an amount not to <br /> exceed $18,750. Total compensation pursuant to this contract shall not exceed <br /> $25,000. No other compensation for the Services will be allowed except for items <br /> covered by subsequent amendments to this Agreement. <br /> The fee for Services shall be paid as follows: <br /> Labadie Productions will receive the $6,250 compensation in two installments. <br /> The first $2,000 will be paid at the execution of the contract, and the balance of <br /> $4,250 will be paid upon completion of all tasks related to the contract. Any <br /> additional services or expenses not described herein or in Exhibit "A" require <br /> prior written approval by the City. <br /> Consultant shall su�mit invoices that contain sll of the following items to the City: 1) <br /> service date, 2) description/itemization of goods or services performed and the <br /> corresponding task number outlined in Exhibit "A," and 3) if applicable, copies of <br /> receipts and statements describing the purpose of the purchase or rental. Incremental <br /> payments, if applicable, should be made as outlined in attached Exhibit "A." City <br /> reserves the right to withhold a ten percent (10%) retention until City has accepted the <br /> work and/or services specified in 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 /> ATTY/AGR/2012. 021 2 <br /> 022812 <br />