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5. Compensation. For the services to be rendered, City shall pay Consultant <br />$66,000, as described more particularly in Exhibit "A," which is attached and incorporated to the <br />extent consistent with this Agreement. Payment shall be made on a monthly basis upon receipt <br />and approval of Consultant's invoice. Total compensation for services and reimbursement for <br />costs shall not exceed $66,000 unless the parties agree pursuant to section 8. <br /> <br /> a. Invoices submitted to City must contain a brief description of work <br />performed, percentage of work completed, pementage of contract time used, pementage of <br />contract amount expended and City reference number . Payment shall be made <br />within thirty (30) days of receipt of Consultant's invoice. <br /> <br /> b. Upon completion of work and acceptance by City, Consultant shall have <br />sixty (60) days in which to submit final invoicing for payment. An extension may be granted by <br />City upon receiving a written request thirty (30) days in advance of said time limitation. The <br />City shall have no obligation or liability to pay any invoice for work performed which the <br />Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by <br />the City, after the work is accepted by the City. <br /> <br /> 6. Sufficiency of Consultant's Work.. By executing this Agreement, Consultant <br />warrants that all services will be performed in a competent, professional and satisfactory manner. <br />Should Consultant discover any latent or unknown conditions, it shall immediately inform City <br />and proceed only at its own risk until instructed by City. <br /> <br /> 7. Ownership of Work. All reports, work data, plans, drawings, specifications, <br />designs, photographs, images, works of authorship and all other documents completed or <br />partially completed by Consultant in the performance of this Agreement ("materials") shall <br />become the property of City. All materials shall be delivered to the City upon completion or <br />termination of the work under this Agreement. If any materials are lost, damaged or destroyed <br />before final delivery to the City, the Consultant shall replace them at its own expense. Any and <br />all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant <br />agrees to execute any additional documents that may be necessary to evidence such assignment. <br />Consultant shall keep materials confidential and shall not be used for purposes other than <br />performance of services under this Agreement and shall not be disclosed to anyone not <br />connected with these services, unless the City provides prior written consent. <br /> <br /> 8. Changes. City may request changes in the scope of services to be provided by <br /> Consultant. Any changes and related fees shall be mutually agreed upon between the parties and <br /> subject to a written amendment to this Agreement. <br /> <br /> 9. Consultant's Status. In performing the obligations set forth in this Agreement, <br /> Consultant shall have the status of an independent contractor and Consultant shall not be <br /> considered to be an employee of the City for any purpose. All persons working for or under the <br /> direction of Consultant are its agents and employees and are not agents or employees of City. <br /> <br /> 10. Labor Code/Prevailing Wages. To the extent applicable, Consultant shall comply <br /> with the requirements of the California Labor Code including but not limited to hours of labor, <br /> <br /> 11/04 Page 2 of 6 <br /> <br /> <br />