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Consu�tant acknowledges the importance to City of City's project schedule and agrees <br /> to use its best professiona( 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. Cornaensation. The total fee payable far the Services to be perfarrned during <br /> this Agreement shall not exceed sixty thousand doNars ($60,000). Na other <br /> compensation for the Services will be allowed except for items covered by subsequent <br /> amendments to this Agreement. City has the authority to withhold a 10% percent <br /> re#ention until City has accepted all of the services specified in Exhibit"A." <br /> There shail be no additional charge for expenses unless agreed to by City. Payment will <br /> occur onfy after receipt by City of invoices su�ciently detailed to include hourly rates, <br /> hours wortced, and tasks pertormed, unless otherwise agreed ta by City. Incremental <br /> payments, if applicabls, will be made as outlined in attached Exhibit"A." <br /> The annual payment made to Consultant pursuant #o the Agreement will be the full and <br /> complete compensation to which Consultant is entitled. City will not make any fed�ral or <br /> state tax withholdings an behalf of Consultant or its agents, employees or <br /> subcon#rac#ors. City will not be required to pay any workers' campensation insurance or <br /> unemployment contributions on beha[f of Consultant ar its employees or subcontractars. <br /> Consultant agrees to reimburse City within thicty (30} days for any tax, retirement <br /> contribution, social security, overtime payment, unemployment payment or warkers' <br /> compensation payment which City makes on behalf of Consultant or any agent, <br /> employee, or subcontractor of Consultant far 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. Cansultant will perform the Services as an independent <br /> contractor and nat as an empioyee �f City. The persons used by Consultant to pravide <br /> services under this Agreement shall not be cansidered employees of City for any <br /> purposes. <br /> 8. Subcont�actinp. Consultant will not subcontract any portian of the Services <br /> without prior writ#en approval of City Manager or hislher designee. If Consul#ant <br /> subconfracts any of the Services, Consultant will be fully responsible to City for the acts <br /> and omissions of Consultant's subcontractor and of the persans either directly or <br /> indirectly emplayed by the subcontractar, as Consuftant is for the acts and omissions of <br /> persons directty emplayed by Consultant. Nothing cantained in this Agreemen# will <br /> create any contractual relationship befinreen any subcontractor of Consultant and City. <br /> Cansultant will be responsible for payment of subcontractors. Consultant will bind every <br /> subcontractor and every subcontractar of a subcontractar t�y the tsrms of this <br /> Am/A�R/2ais.094/MUPII SERVICES(UUT) <br /> REV:Q6-04-13 MLG <br /> Page 2 of 14 <br />