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i <br /> � <br /> � <br /> 6.1. C. - Page 5 '�� <br /> I <br /> 4. Schedt�le. Consultant wi61 aclh�re to the schedule set forth in Exhibit "A", <br /> provided, that City in i#s discretior� m�y gr�nt reasanable extensions of time for the <br /> performance of such s�rvices occasioned by unusuaily lengthy go�ernmer�tal reviews �f ! <br /> Cnnsultant's work product or other una�oidable delays accasioned by Circumstances; <br /> provided, fur�her, th�t s�ac� unar►oidable delay will not include strikes, lockouts, work <br /> stappages, or other labor disturbances conducted by, or 4n behalf of, Consultant's ' <br /> offia�rs or empfaye�s. <br /> I <br /> Cansultant ackr�owledg�s the importance to City of City's �roject schedule ar�d agrees ' <br /> to use its best professior�al efforts to meet #he schedule. City understands tha# � <br /> Cansultant's performance must be go�erned by sound �ractiees. i <br /> � <br /> 5. Time is of the Es ence. Time is of the ess�r�ce for each an� eVery pro�isian of <br /> this Agreement. ' <br /> 6. Cam e,� nsation. The total f�� payable for �he Services to be perFormed during the � <br /> initial term of #his Agre�m�nt shall not exceed $63,5p�. No other compensatian for the <br /> Services will be allow�d except fiar items covered by subsequent amendments to t�is <br /> Agreemenf. Ci�ty has the authority to withhold a�0°10 perc�nt refiention until City has <br /> acc�pted all c�f th� servi�es specified �n Exhibit "A." j <br /> ; <br /> There shalf be no �ddit�or�al charge for expenses unless agreed to by City. Payment wili <br /> accum c�nly after receipt by City af in�a�c�s s�fficiently detailed to inc4ude houriy r�tes, <br /> hours worked, and tasks performed, unless otherwise agreed to by Ci#y. I�cr�mental , <br /> payments, if applic�ble, wifl be made as autiinEd in attached Exhibit "A." <br /> The paymen# mad� to Consultant pursuant to the Agreement will be the full and � <br /> compl�te compensatian to wl�ich Consultant is entitled. City wil� not make any federal <br /> or sta#e tax withhaldings on behalf of Consu[tant or its agents, employees or <br /> subcontractars. City will not be required to pay any workers' camp�nsatian ins�rance or <br /> un�mp�oyment c4ntributions on b�half of Cansultant or it� employees or subcontractars. <br /> Cansultant agrees to reimburse C�ly within thirty (30) days for any t�x, retirement � <br /> contribufiion, social security, overtime payment, unemplayment payment or workers' � <br /> campensatian payment which �ity makes on beh�lf a�' Gonsultant or ar�y agent, �� <br /> �mplvyee, or su�contra�tor of Can�ulfant for work done under this A�reement. At the �, <br /> City's electian, City m�y ded�ct the reimbursabie amount from any balance owir�g to ' <br /> Cor�sultant. <br /> I <br /> 7'. Status of Gans�ltant. Consultant wiil per�orm the Services in Consultant's as an � <br /> independent contractor and not as an �mploye� af City. The persons used by � <br /> Consultant to provide ser�ices under this Agreement shall not be considered employees <br /> of City far any purpases. <br /> 8. Subc;on�ractinq. Consultant will not subcontract any portiort of �he Services � <br /> without prior written appro�al o�' City Manager or hisl�er desigr►ee. If Consultant <br /> subcon#racts any o# the Services, Cons�altar�# wil! be fully respansible to City far �he acts <br /> ATTY/AGR12012.0981FIRE5TATS Page 2 of 9 <br /> REV:04-11-42 VR <br />