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6. Terms. Time is of the essence. Consultant shall begin work March 21, 2006. The work <br />as described in Exhibit "A ", Scope of Work, shall be completed by March, 2007 dependent upon the <br />completion of work by the City's contractor. <br />7. Compensation. For the services to be rendered hereunder, City shall pay Consultant on <br />a time - and - materials basis, not to exceed $,$267,295.00 based on rate schedule per attached Exhibit "B ". <br />Partial payment shall be made on a monthly basis in proportion to the percentage of work completed, <br />upon receipt of Consultant's invoice and the approval of the City's Project Manager. <br />a. Invoices submitted to City for payment must contain a brief description of work <br />performed, percentage of work completed, percentage of contract time used, percentage <br />of contract amount expended and City reference numbers Account No. and Contract <br />No. Payment shall be made within thirty (30) days of receipt of Consultant's invoice. <br />b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days <br />in which to submit final invoicing for payment. An extension may be granted by City <br />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 days, or any extension thereof granted <br />by the City, after the work is accepted by the City. <br />8. Changes. City may request, from time to time, changes in the scope of services to be <br />provided by Consultant. Any changes and related fees shall be mutually agreed upon between City and <br />Consultant and shall be the subject of a written amendment to this Agreement. <br />9. Consultant's Status. In the performance of the obligations set forth in this Agreement, <br />Consultant shall have the status of an independent contractor and Consultant shall not be considered to <br />be an employee of the City for any purpose. All persons working for or under the direction of <br />Consultant are its agents, servants, and employees and are not agents, servants, or employees of City. <br />10. Termination of Convenience of City. The City may terminate this Agreement at any <br />time by mailing a notice in writing to Consultant that the Agreement is terminated. Said Agreement <br />shall then be deemed terminated, and no further work shall be performed by Consultant. If the <br />Agreement is so terminated, the Consultant shall be paid for that percentage of the work actually <br />completed, based on a pro rata portion of the total fixed sum compensation described in Section 7 herein <br />at the time the notice of termination is received. <br />11. Non - Assignability. The Consultant shall not assign, sublet, or transfer this Agreement or <br />any interest or obligation therein without the prior written consent of the City, and then <br />only upon such terms and conditions as City may set forth in writing. <br />12. Indemnify and Hold Harmless. Consultant shall defend, indemnify, and hold <br />harmless, the City and its officers and employees from and against all claims, losses, damage, <br />injury, and liability for damages arising from negligent acts, errors or omissions of the Consultant <br />in the performance of its services under this Agreement, regardless of whether the City has <br />reviewed and /or approved the work or services which has given rise to the claim, loss, damage, <br />Contract <br />Page 2 of 5 <br />