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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 during the initial term of this Agreement will be one thirty-two thousand dollars ($32,000). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The Agency reserves the right to withhold a ten percent (10%) retention until Agency has accepted the work and/or Services specified in Exhibit Payment will occur only after receipt by Agency of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by Agency. Incremental payments, if applicable, should be made as outlined in attached Exhibit "A." 7. Status of Consultant. Consultant will perform the Services in Consultant's own way as an independent contractor and in pursuit of Consultant's independent calling, and not as an employee of Agency. Consultant will be under control of Agency only as to the result to be accomplished, but will consult with Agency as necessary. The persons used by Consultant to provide services under this Agreement will not be considered employees of Agency for any purposes. The payment made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. Agency will not make any federal or state tax withholdings on behalf of Consultant or its agents, employees or subcontractors. Agency 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 indemnify Agency within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which Agency may be required to make on behalf of Consultant or any agent, employee, or subcontractor of Consultant for work done under this Agreement. At the Agency's election, Agency may deduct the indemnification amount from any balance owing to Consultant. 8. Subcontracting. Consultant will not subcontract any portion of the Services without prior written approval of the Executive Director or his/her designee. If Consultant subcontracts any of the Services, Consultant will be fully responsible to Agency for the acts and omissions of Consultant's 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 will create any contractual relationship between any subcontractor of Consultant and Agency. Consultant will be responsible for payment of subcontractors. Consultant will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Consultant's work unless specifically noted to the contrary in the subcontract and approved in writing by Agency. RDA Agreement over $10K 2 City Attorney Approved Version 090103