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Amount Not <br /> To Exceed <br /> <br /> Contract, dated 2/2/88 $ 50,000 <br /> Amendment No. 1, dated 4/05/88 251,000 <br /> <br /> Total Amount Not to Exceed $301,000 <br /> <br /> 8. Changes. City may request, from time to time, changes <br />in the scope of services to be provided by Consultant. Any change <br />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 the <br />status of an independent contractor and Consultant shall not be <br />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 to <br />Consultant that the Agreement is terminated. Said Agreement shall <br />then be deemed terminated, and no further work shall be performed <br />by Consultant. If the Agreement is so terminated, the Consultant <br />shall be paid for that percentage of the work actually completed, <br />based on a pro rata portion of the total fixed sum compensation <br />described in Section 7 herein at the time the notice of termination <br />is received. <br /> <br /> 11. Non-Assignability. 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 /> 12. Indemnify and Hold Harmless. Consultant shall defend, <br />indemnify, and hold harmless, the City and its officers and <br />employees from and against all claims, losses, damage, injury, and <br />liability for damages arising from negligent errors, omissions, <br />negligent or wrongful acts of the Consultant in the performance of <br />its services under this Agreement. This indemnification shall <br />extend for a reasonable period of time after completion of the <br />project as well as during the period of actual performance of <br />services under this Agreement. Acceptance of the insurance <br />certificates required under this Agreement does not relieve the <br />Consultant from liability under this indemnity and hold harmless <br />clause. <br /> <br /> Amendment No. 1 <br /> City of Pleasanton <br /> April 5, 1988 <br /> Page 3 of 6 <br /> <br /> <br />