AgdaPkt 2004-03-08 - Laserfiche WebLink

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I . I , (0.(3-5 Consultant acknowledges the importance to City of City's project schedule and agrees to put forth its best professional efforts to perform the Services under this Agreement in a manner consistent with that schedule. City understands, however, that Consultant's '- performance must be govemed by sound practices. 5. Time is of the Essen~. Time is of the essence for each and ev&, y provision of this Agreement. 6. Compensation. In consideration for the Services to be performed by Consultant, City agrees to pay Consultant the rates set forth in Exhibit A applicable to each Service. Consultant shall submit timely invoices for all Services rendered. Payment will be made to Consultant within thirty (30) days of receipt of Consultant's invoice therefore. Any amounts which remain unpaid after thirty (30) days shall accrue interest at the rate of one and one- half percent (1.5%) per month. Consultant shall be responsible for all costs and expenses incident to the performance of services for City including, but not limited to, all costs of equipment provided by Consultant, all fees, fines, licenses, bonds or taxes required of or imposed against Consultant and all other of Consultant's costs of doing business. City shall not be responsible for expenses incurred by consultant in performing Services for City except as noted in Exhibit A, or such expenses that receive prior written approval from City. 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 City, The persons used by Consultant to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Consultant pursuant to the Agreement will be the full and complete - compensation to which Consultant is entitled. City will not make any federal or state tax with holdings on behalf of Consultant or its agents, employees or subcontractors. City 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 City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City 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 City's election, City may deduct the indemnification amount from any balance owing to Consultant. 8. Subcontractin(, Consultant will not subcontract any portion of the Services without prior written approval of City Manager or hislher designee, If Consultant subcontracts any of the Services, Consultant will be fully responsible to City 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 City. 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 City. 9. Other Consultants. The City reserves the right to employ other consultants in - connection with the Services.