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stoppages, or other labor disturbances conducted by, or on behalf of, ConsultanYs <br /> officers or employees. <br /> Consultant acknowledges the importance to City of City's project schedule and agrees <br /> to use its best professional efforts to meet the schedule. City understands that <br /> Consultant's 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 will be Fifty Thousand Dollars ($50,000), which amount <br /> shall include expenses. No other compensation for the Services will be allowed except <br /> for items covered by subsequent amendments to this Agreement. City has the authority <br /> to withhold a 10% retention until City has accepted all of the services specified in Exhibit <br /> «A „ <br /> There shall be no additional charge for expenses unless agreed to in writing by City. <br /> Payment of Consultant's fee shall be contingent upon the successful closing of <br /> refunding bonds. <br /> The payment made to Consultant pursuant to the Agreement will be the full and <br /> complete compensation to which Consultant is entitled. City will not be required to pay <br /> any workers' compensation insurance or unemployment contributions on behalf of <br /> Consultant or its employees or subcontractors. Consultant agrees to reimburse City <br /> within thirty (30) days for any tax, retirement contribution, social security, overtime <br /> payment, unemployment payment or workers' compensation payment which City makes <br /> on behalf of Consultant or any agent, employee, or subcontractor of Consultant for work <br /> done under this Agreement. At the City's election, City may deduct the reimbursable <br /> amount from any balance owing to Consultant. <br /> 7. Status of Consultant. Consultant will perform the Services in Consultant's own <br /> way as an independent contractor and not as an employee of City. The persons used <br /> by Consultant to provide services under this Agreement shall not be considered <br /> employees of City for any purposes. <br /> 8. Subcontractinq. Consultant will not subcontract any portion of the Services <br /> without prior written approval of City Manager or his/her designee. If Consultant <br /> subcontracts any of the Services, Consultant will be fully responsible to City for the acts <br /> and omissions of ConsultanYs subcontractor and of the persons either directly or <br /> indirectly employed by the subcontractor, as Consultant is for the acts and omissions of <br /> persons directly employed by Consultant. Nothing contained in this Agreement will <br /> create any contractual relationship between any subcontractor of Consultant and City. <br /> Consultant will be responsible for payment of subcontractors. Consultant will bind every <br /> subcontractor and every subcontractor of a subcontractor by the terms of this <br /> Agreement over$10K 2 <br /> City Attorney Approved Version 041410 <br />