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3. Sufficiency of Consultant's Work. Consultant agrees <br />that all reports, testing, and results prepared for City shall be <br />adequate and sufficient to meet the purposes for which they are <br />performed. <br /> <br /> 4. Ownership of Work. All reports, work data, and all <br />other documents completed or partially completed by Consultant in <br />the performance of this Agreement shall become the property of <br />City. <br /> <br /> 5. Term. It is recognized by both parties hereto that <br />time is of the essence. The work as described in Exhibit "A", <br />shall be completed pursuant to the projected sixty (60) day work <br />schedule for this project. <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 Twelve Thousand and No/100ths Dollars <br />($12,000.00) without written approval. Invoicing shall be <br />complete at time of reporting and based on current fee schedule, <br />attached hereto as Exhibit "B" and incorporated herein by this <br />reference. The invoice shall be discounted by ten percent (10%) <br />by the City if payment is made within thirty (30) days after <br />receipt of an 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 n0 further work shall be <br />performed by Consultant. If the Agreement is so terminated, the <br />Consultant shall be paid the work actually completed. <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 />