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_ .����v�_ � �..�v_.._ � .�: �_.._ <br /> stoppages, or other labor disturbances conducted by, or on behalf of, Consultant's <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 nine thousand nine hundred and ninety five <br /> thousand Dollars $59,995 for all of the work and services described herein, which sum <br /> shall include all costs and expenses incurred by Consultant, payable as set forth in <br /> Exhibit "A", attached hereto and made a part hereof by reference. Payment will be per <br /> task completed. No other compensation for the Services will be allowed except for <br /> items covered by subsequent amendments to this Agreement. For reimbursements, <br /> consultant must submit invoices and back up receipts. Non-labor expenses shall not <br /> exceed $1,1 QO per Exhibit A. <br /> There shall be no additional charge for expenses unless agreed to by City. Payment will <br /> occur only after receipt by City of invoices sufficiently detailed to include hourly rates, <br /> hours worked, and tasks performed, unless otherwise agreed to by Gity. Incremental <br /> payments, if applicable, will be made as outlined in attached Exhibit "A." <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 make any federal <br /> or state tax withholdings on behalf of Consultant or its agents, employees or <br /> subcontractors. City will not be required to pay any workers' compensation insurance or <br /> unemployment contributions on behalf of Consultant or its employees or subcontractors. <br /> Consultant agrees to reimburse City within thirty (30) days for any tax, retirement <br /> contribution, social security, overtime payment, unemployment payment or workers' . <br /> compensation payment which City makes on behalf of Consultant or any agent, <br /> employee, or subcontractor of Consultant for work done under this Agreement. At the <br /> City's election, City may deduct the reimbursable amount from any balance owing to <br /> Consultant. <br /> 7. Status of Consultant. Consultant will perform the Services as an independent <br /> contractor and not as an employee of City. The persons used by Consultant to provide <br /> services under this Agreement shall not be considered employees of City for any <br /> purposes. <br /> 8. Subcontractinq. Gonsultant intends to utilize TRA Environmental Sciences as a <br /> subcontractor to perform a portion of the Services and the City has pre-approved said <br /> subcontractor. Consultant will not subcontract any other portion of the Services without <br /> prior written approval of City Manager or his/her designee. Consultant will be fully <br /> REV:OS-13-13 VR <br /> Page 2 of 18 <br /> ATTYlAGR2013.0119/ESA(Draft Baseline Study Reports <br />