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the property of City. Copies of these documents shall be <br />furnished tO the City upon request and at expense of City. <br /> <br /> 5. Term. It is recognized by both parties hereto that <br />time is of the essence. Consultant shall begin work on the <br />date first above written. The work as described in Exhibit <br />"A", Scope of Work, shall be completed by December 31, 1989. <br /> <br /> 6. Compensation. For the services to be rendered <br />hereunder, City shall pay Consultant on a time-and-materials <br />basis, not to exceed Seventy Thousand and 00/100 Dollars <br />($70,000.00), based on rate schedule per attached Exhibit <br />"B". Partial payment shall be made on a monthly basis, upon <br />receipt of Consultant's invoice and the approval of the <br />Public Works Director as to the percentage completion <br />claimed. Payment shall be made within thirty (30) days of <br />receipt of Consultant's invoice. Consultant shall invoice <br />work completed within sixty (60) days of the work. If work <br />is not invoiced within said sixty day period, City may choose <br />to disallow the invoice and not pay for work and materials. <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 upon between <br />City and Consultant. <br /> <br /> 8. Consultant's Status. In the performance of the <br />obligations set forth in this agreement, Consultant shall <br />have the status of an independent contractor and Consultant <br />shall not be considered to be an employee of the City for any <br />purpose. All persons working for or under the direction of <br />Consultant are its agents, servants, and employees and are <br />not agents, servants, or employees of City. <br /> <br /> 9. Termination at Convenience of City. The City may <br />terminate this agreement any time by mailing a notice in <br />writing to Consultant that the Agreement is terminated. Said <br />Agreement shall then be deemed terminated, and no further <br />work shall be performed by Consultant. If the Agreement is <br />so terminated, the Consultant shall be paid for the work <br />actually completed at the time the notice of termination is <br />received. <br /> <br /> 10. NQ~-Assiqnability. The Consultant shall not <br />assign, sublet, or transfer this Agreement or any interest or <br />obligation therein without the prior written consent of the <br />City. <br /> <br /> 11. Indemnify and Hold Harmless. Consultant shall <br />defend, indemnify, and hold harmless, the City and its <br />officers and employees from and against all claims, losses, <br />damage, injury, and liability for damages arising from <br /> <br /> -2- <br /> <br /> <br />