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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 time <br />is of the essence. Consultant shall begin work in October 16, <br />1985. The work as described in Exhibit "A", Scope of Work, shall <br />be completed by January 15, 1986, 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 Fifty Thousand Dollars(S50,000.00), based on <br />rate schedule per attached Exhibit "B". In addition, Consultant <br />shall be paid a fixed sum of $2,000.00 to cover the cost of <br />providing thirty (30) complete sets of plans and specifications <br />and one mylar reproducible set of plans. Additional plans and <br />specifications, upon request, will be provided at Consultant cost <br />plus 10%. 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 Public Works <br />Director as to the percentage completion claimed. Payment shall <br />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, 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 /> - 2 - <br /> <br /> <br />