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5. Terms. It is recognized by both parties hereto <br /> that time is of the essence. Consultant shall <br /> begin work on the date first above written. <br /> <br />6. Compensation. For the services to be rendered <br /> hereunder, City shall pay Consultant on a time-and- <br /> materials basis, not to exceed Ninety Four Thousand <br /> Five Hundred Forty Two Dollars ($94,542.00). Work <br /> completed shall be invoiced monthly as per Exhibit <br /> "B", after review and approval by the City Planning <br /> Director. <br /> <br />7. Chanqes. City may request, from time to time, <br /> changes in the scope of services to be provided by <br /> Consultant. Any change shall be mutually agreed <br /> upon between City and Consultant and any extra <br /> services shall be invoiced monthly at the rates <br /> described in Exhibit "B", attached hereto and <br /> incorporated herein by this reference. <br /> <br /> 8. Consultant's Status. In the performance of the <br /> obligations set forth in this agreement, Consultant <br /> shall have the status of an independent contractor <br /> and Consultant shall not be considered to be an <br /> employee of the City for any purpose. All persons <br /> working for or under the direction of Consultant <br /> are its agents, servants, and employees are not <br /> agents, servants, or employees of City. <br /> <br /> 9. Termination of Contract With or Without Cause. <br /> This agreement is cancellable at any time by either <br /> party upon giving seven (7) days notice in writing <br /> and the Consultant shall within that period of time <br /> complete work currently underway. In that event, <br /> all finished or unfinished documents and reports <br /> prepared by the Consultant shall become the <br /> property of the City and Consultant shall be <br /> entitled to receive just and equitable compensation <br /> for meeting and conference attendance and any work <br /> completed on the documents and other materials, <br /> including costs of preparing such documents and <br /> files for delivery to City on the basis of billing <br /> rates established in Exhibit "B" attached hereto. <br /> <br /> 10. Non-Assignabilitv. The Consultant shall not <br /> assign, sublet, or transfer this agreement or any <br /> interest or obligation therein without the prior <br /> written consent of the City, and then only upon <br /> such terms and conditions as City may set forth in <br /> writing. <br /> <br /> 11. Hold Harmless and Insurance. The Consultant shall <br /> hold the City free, clear, and harmless from all <br /> <br /> 2 <br /> <br /> <br />