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5. Terms. It is recognized by both parties hereto that time is of the <br /> essence. Consultant shall begin work on the date first above written. <br /> <br />6. Compensation. For the services to be rendered hereunder, City shall <br /> pay Consultant on a time-and-materials basis, not to exceed Seventy <br /> thousand nine hundred sixty-six dollars and ninety-three cents <br /> ($70,966.33). Work completed shall be invoiced monthly as per <br /> Exhibit "B", after review and approval by the City Planning Director. <br /> <br />7. Changes. City may request, from time to time, changes in the scope <br /> of services to be provided by Consultant. Any change shall be <br /> mutually agreed upon between City and Consultant and any extra <br /> services shall be invoiced monthly at the rates described in Exhibit <br /> "B", attached hereto and incorporated herein by this reference. <br /> <br />8. Consultant's Status. In the performance of the obligations set forth in <br /> this agreement, Consultant shall have the status of an independent <br /> contractor and Consultant shall not be considered to be an employee <br /> of the City for any purpose. All persons working for or under the <br /> direction of Consultant 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. This agreement is <br /> cancellable at any time by either party upon giving seven (7) days <br /> notice in writing and the Consultant shall within that period of time <br /> complete work currently underway. In that event, all finished or <br /> unfinished documents and reports prepared by the Consultant shall <br /> become the property of the City and Consultant shall be entitled to <br /> receive just and equitable compensation for meeting and conference <br /> attendance and any work completed on documents and other <br /> materials, including costs of preparing such documents and files for <br /> delivery to City on the basis of billing rates established in Exhibit "B" <br /> attached hereto. <br /> <br />10. Non-Assignabili.ty. The Consultant shall not assign, sublet, or transfer <br /> this Agreement or any interest or obligation therein without the prior <br /> written consent of the City, and then only upon such terms and <br /> conditions as City may set forth writing. <br /> <br />11. Hold Harmless and Insurance. The Consultant shall hold the City <br /> free, clear, and harmless from all claims of third persons for damages <br /> arising out of the negligent acts or omissions of the Consultant or its <br /> agents. In furtherance thereof, the Consultant shall take out and <br /> maintain during the period of this agreement such public liability and <br /> property damage insurance as shall protect the City from claims and <br /> <br /> 2 <br /> <br /> <br />