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<br />Consultant in the performance of this Agreement shall become <br />the property of City. <br />5. Term. It is recognized by both parties hereto that <br />time is of the essence. Consultant shall begin work on the <br />date first above written. The work as described in Exhibit <br />"A", Scope of Services, shall be completed by December 31, <br />1989. <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 Seventy-Seven Thousand and 00/100 <br />Dollars ($77,000.00). Partial payment shall be made monthly <br />on the basis of invoices submitted to the City. The Planning <br />Director .shall approve the partial payment according to the <br />schedule prior to partial payment. <br />7. Changes. City may .request, from time to time, <br />changes in the .scope of services to be provided by <br />Consultant. Any change shall be mutually agreed upon between <br />City and Consultant. <br />8. Consultant's Status. In the performance of the <br />obligations set forth in this agreement, Consultant shall <br />have the status of an independent contractor and Consultant <br />shall not be considered to be an employee of the City for any <br />purpose. All persons working for or under the direction of <br />Consultant are its agents, servants, and employees and are <br />not agents, servants, or employees of City. <br />9. Termination at Convenience of Citv. The City may <br />terminate this agreement any time by mailing a notice in <br />writing to Consultant that the Agreement is terminated. Said <br />Agreement shall then be deemed terminated, and no further <br />work shall be performed by Consultant. If the Agreement is <br />so terminated, the Consultant shall be paid for that <br />percentage of the work actually completed, based on a pro <br />rata portion of the maximum compensation described in Section <br />7 herein at the time the notice of termination is received. <br />10. Non-Assignability. The Consultant shall not <br />assign, sublet, or transfer this Agreement or any .interest or <br />obligation therein without the. prior written consent of the <br />City, and then only upon such terms and conditions as City <br />may set forth in writing. <br />11. Indemnify and Hold Harmless. Consultant shall <br />defend, indemnify, and hold harmless, the City. and its <br />officers and employees from and against all claims, losses, <br />damage, injury, and liability for damages arising from <br />errors, omissions, negligent or wrongful acts of the <br />Consultant in the performance of its services under this <br />-2- <br />