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4. Sufficiency of Consultant's Work. Consultant agrees <br />that all maps, plans, estimates and miscellaneous exhibits <br />prepared for City shall be adequate and sufficient to meet the <br />purposes for which] they are performed. <br /> <br /> 5. Term. It is recognized by both parties hereto that <br />time is of the essence. Consultant shall begin work before <br />July 21, 1982. The work as described in Exhibit "A", Scope of <br />Work, shall be completed by July 21, 1988, dependent upon City <br />review time. <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 Thirty Thousand Nine Hundred Twenty-five and <br />00/100 Dollars ($30,925.00), based on rate schedule per attached' <br />Exhibit "A". Partial payment shall be made on a monthly basis in <br />proportion to the percentage of work completed, upon receipt of <br />Consultant's invoice and the approval of the Director of Planning <br />as to the percentage completion claimed. Payment shall be made <br />within thirty (30) days of receipt of Consultant's invoice. <br /> <br /> 7. 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 /> 8. 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 /> 9. 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 6 herein at the time the notice <br />of termination is received. <br /> <br /> 10. 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 /> - 2 - <br /> <br /> <br />