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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 /> The work as described in Exhibit "A", <br /> Scope of Work, shall be completed by , <br /> dependent upon weather 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 $10,475.00, based on rate schedule per <br /> attached Exhibit "B". Partial payment shall be made on a monthly <br /> basis in proportion to the percentage of work completed, upon <br /> receipt of Consultant's invoice and the approval of the Public <br /> Works Director as to the percentage completion claimed. Payment <br /> shall be made within thirty (30) days of receipt of Consultant's <br /> 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, an~ employees and are not agents, servants, or <br /> employees of City. <br /> <br /> 10. Ter t at Convenience of City The City may <br /> mlna ion . <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-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 />