AgdaPkt 2012-10-08 - Laserfiche WebLink

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6.1.B. - Page 4 Consultant acknowledges the impartar�c� ta City of City's project schedule and agrees to use its best professional effor�s to meef the schedule. City understar�ds that Consultant's perFormance must be governed by saund practices. 5. Time. The Consultant's ser►rices shall be pertormec! as expeditiously as is consistent witP� professionaf skill and care and the orderly pragress of#he Project. 6. Compensation. The total fee payable for the Services to be performed during the initial term of this Agreement will be $94,810.00. No other comper�sation for the Senrices wil! be allowed except for items co�ered by subsequent amendments to this Agreement. City has the a�thority to withhold a10% percer�t retentian until City has accepted al� of the services specified in Exhibit "A." There shali be no aafditional charge far expenses unless agreed to by City. Payment will occur only after receipt by City of invoices sufficiently detailed to incl�de hourly rates, hours worked, and tasks performed, unless atherwise agreed to �y City. Incremental payments, if applicab�e, will be made as ou#lined in attached Exhibit "A." The payment made to Consuftant pursuant to the Agreement wi!! be the fuli and complete compensation to which Gonsultant is entitled. City will na# make any federal or state tax with�oldings on behalf of Co�sultant or its agents, employees or subcontractors. City will not be required tn pay any worke�'s' com�ensation insurance or unemplayment contributions on behalf of Co�sultant or its employees or subcontractors. Consultant agrees to reimburse City within thirty (30) days far any tax, retiremen# contribution, social security, o�ertime payment, unemploymen# payment or workers' compensation payment which City makes an behalf of Consultant or sny agent, employee, or subcantractor of Consultant for wark 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 wil� pertorm the Services as an independent contractor and not as an employee of City. The persons used by Consultant to provide services under this Agreement shall no# �e considered empfoyees of City for any purposes. 8. Subcontractina. Consultant will nat subcontracf any portion of the Services without prior written approval of City Manager or his/he� designee. If Consultanf subcontracts any of the 5ervices, Consultant will be fully responsible to Ci#y for ti�e acts and omissions of Cansultan#'s subcontractor and of the persons either directly or ir�directly emplayed by the subcontractor, as Cansultant is for the acts and om�ssions af �ersons directly employed by Consultant. Nothing cantained in t�is Agreement wilf crea#e any contractua! relationship beiween any subcontractor of Cansultant and City. Consultant will �e respansible for payment af subcontractors. Consul#an# will bind every subcan�ractor anc! every subcontra�tor of a subcontractor by the terms of this Agreement appl�cable to Consuitant's work unless specifically noted to the contrary in the strbcontract and approved in writing by City. ATTYlAGRl2Q12.954/24 HOUR COiVTRACT 1 A7KINS iVORTH AMERICA REV:09-19-12 JS Page 2 of 26