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5. Ownership of Work. All maps, designs, reports, work <br />data, and all other documents completed or partially completed by <br />Consultant in the performance of this Agreement shall become the <br />property of City. Any reuse without written verification or <br />adaptation by Consultant for the specific purpose intended will <br />be at City~s sole risk and without liability or legal exposure to <br />Consultant. <br /> <br /> 6. Term. It is recognized by both parties hereto that time <br />is of the essence. Consultant shall begin work December 14, <br />1988. The work as described in Exhibit "A", Scope of Work, <br />attached hereto and incorporated herein by this reference, shall <br />be completed pursuant to times stated in Exhibit "A". <br /> <br /> 7. Compensation. For the services described in Exhibit "A" <br />for Phase I to be rendered hereunder, City shall pay consultant <br />an amount not to exceed Thirty-one Thousand Dollars ($31,000), <br />based on rate schedule per attached Exhibit "B". Partial payment <br />shall be made on a monthly basis in proportion to the percentage <br />of work completed, upon receipt of Consultantes invoice and the <br />approval of the Public Works Director as to the percentage <br />completion claimed. Payment shall be made within thirty (30) <br />days of receipt of Consultantes invoice. <br /> <br /> S. Chanaes. City may request, from time to time, changes <br />in the scope of services to be provided by Consultant. Any <br />change shall be mutually agreed upon between City and Consultant <br />as well as adjustment in rate schedule after March 1, 1989. <br /> <br /> 9. Consultantes Status. In the performance of the <br />obligations set forth in this agreement, Consultant shall have <br />the status of an independent contractor and Consultant shall not <br />be considered to be an employee of the City for any purpose. All <br />persons working for or under the direction of Consultant are its <br />agents, servants, and employees and are not agents, servants, or <br />employees of City. <br /> <br /> 10. Termination at Convenience of City. The City may <br />terminate this agreement any time by mailing a notice in writing <br />to Consultant that the Agreement is terminated. Said Agreement <br />shall then be deemed terminated and no further work shall be <br />performed by Consultant. If the Agreement is so terminated, the <br />Consultant shall be paid for the work actually completed at the <br />time the notice of termination is received together with expenses <br />incurred as a result of termination. <br /> <br /> 11. Non-Assianabilitv. The Consultant shall not assign, <br />sublet, or transfer this Agreement or any interest or obligation <br />therein without the prior written consent of the City, and then <br />only upon such terms and conditions as City may set forth in <br />writing. <br /> <br /> Page 2 <br /> <br /> <br />