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stoppages, or other labor disturbances oonducted by, or on behalf af, 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 govemed by sound praatices. <br /> 5. Time is of the Essence. Time is of the essence for each and every provision of <br /> this Agreemerri. <br /> 6. Comcensation. The total fee payable for the Servicss to be perfamed during the <br /> initial term of this Agreement will be $38,542.00. No other compensation for the <br /> Services will be allowed except for items covered by subsequerrt amendments to this <br /> AgreemeM. City has the authority to withhold a 10% percent retention urrtil City has <br /> accepted all af the senices spec�ed in Exhibit"A." <br /> There shall be no additional charge for expenses un{ess agreed to by City. Paymerrt will <br /> occur only after reoeipt by City of invoices sufficientfy detailed to i�clude hourly rates, <br /> hours worked, and tasks performed, unless otherwise agreed to by City. Incremental <br /> payments, iF applicable, will be made as outlined in attadied Exhibit"A." <br /> The paymerrt made to Consultant pursuant to the Agreement will be the full and <br /> complete cbmpensation to which Consultant is entitled. City will not make any federal or <br /> state tax withholdings on behalf of Consultant or its agents, empbyees or <br /> subconVactors. City will not be required to pay any workers' compensation insurence or <br /> unemploymerit oontributions on behalF of Consultant or its employees or subcontractors. <br /> Consuftant agrees to reimburse City within thirty (30) days for any tax, retirement <br /> contribution, social security, overtime payment, unemployment payment or workers' <br /> compensation paymer�t which City makes on behalF of Consultant or any agent, <br /> empbyee, or subcontractor of Consultant for woric done under this Agreement. At the <br /> Cit�s election, City may deduct the reimbursable amount from any balance owing to <br /> Consultant. <br /> 7. Status oF Consultant. Consultarrt will perform the Servioes as an independent <br /> contraotor 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. Subcontractina. Consultant will not subcontract any portion of the Services <br /> without prior written approval of City Manager or his/her designee. If Consultant <br /> subcontrads any of the Services, Consultarrt will be fully responsible to City for the acts <br /> and omissions of Consultant's subcontractor and of the persons either directly or <br /> indirectly employed by the subooMractor, 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 betwee� any subcontractor ofi Consultant and City. <br /> Consultant will be responsible for paymeM of subcontractors. Consultant will bind every <br /> Page 2 of 14 <br /> ATTY/AGR2013.0120/NVS <br />