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3. Staff. Project Manager for Consultant shall be <br /> John Montague. Consultant shall not replace <br /> Mr. Montague without prior approval of the City. <br /> <br /> 4. Sufficiency of Consultant's Work. Consultant agrees <br />that all maps, plans and specifications prepared for City shall <br />be adequate and sufficient to meet the purposes for which they <br />are performed. <br /> <br /> 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. <br /> <br /> 6. Term. It is recognized by both parties hereto that <br />time is of the essence. Consultant shall begin work <br />August 8, 1988. The work as described in Part "B", Scope of <br />Landscape Architectural Services, of the Consultant's Proposal <br />shall be completed by January 9, 1989, dependent upon weather <br />permitting and City review time. <br /> <br /> 7. Compensation. For the services to be rendered <br />hereunder, City shall pay Consultant on a time-and-materials <br />basis, not to exceed $19,600.00, based on rate schedule per <br />Item "D" of the Consultant Proposal. Partial payment shall be <br />made on a monthly basis in proportion to the percentage of work <br />completed, upon receipt of Consultant's invoice and the approval <br />of the 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. <br /> <br /> 8. Changes. 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 /> <br /> 9. Consultant's 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 of 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 that percentage of the work actually <br />completed, based on a pro rata portion of the total fixed sum <br />compensation described in Section 7 herein at the time the notice <br />of termination is received. <br /> <br /> 11. Non-Assiqnability. The Consultant shall not assign, <br />sublet, or transfer this Agreement or any interest or obligation <br /> <br /> 2 <br /> <br /> <br />