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4. Schedule. Consultant will adhere to the schedule set forth in the Scope of <br /> Services, provided, that City in its discretion may grant reasonable extensions of time <br /> for the perFormance of such senrices occasioned by unusually lengthy governmental <br /> reviews of Consultant's work product or other unavoidable delays occasioned by <br /> circumstances; provided, further, that such unavoidable delay will not include strikes, <br /> lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, <br /> Consultant's 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. Comqensation. The total fee payable for the Services to be performed during the <br /> initial term of this Agreement will be $10,000.00. No other compensation for the <br /> Services will be allowed except for items covered by subsequent amendments to this <br /> Agreement. City has the authority to withhold a 10% percent retention until City has <br /> accepted all of the services specified in the Scope of Services. <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 City. Leapfrog <br /> Consulting will provide a detailed invoice, with evidence of progress in achieving defined <br /> deliverables when requesting payment. <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 or <br /> 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. Subcontractinp. 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 aats <br /> and omissions of Consultant's subcontractor and of the persons either directly or <br /> indirectly employed by the subcontractor, as Consultant is for the acts and omissions of <br /> REV:O1-14-14 MLG <br /> Page 3 of 9 <br /> ATTY/AGR.2014.005/Kayla Kirsh Leapfrog Consulting 2013-14 <br />