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<br />be performed are set forth in Consultant's fee schedule marked Exhibit "B" hereof, attached <br />hereto and by this reference incorporated herein. <br /> <br />b. Notwithstanding the foregoing, the combined total of compensation and reimbursement of <br />costs payable hereunder shall not exceed the sum of Forty Thousand and No/100 Dollars <br />($40,000.00). No other compensation for the Services will be allowed except for items <br />covered by subsequent amendments to this Agreement. <br /> <br />c. Compensation and reimbursement of costs and expenses hereunder shall be payable upon <br />monthly billing therefore by Consultant to City, which billing shall include an itemized <br />statement, briefly describing by task and labor category or cost/expense items billed. <br /> <br />d. Consultant will bill City on a monthly basis for Services provided by Consultant during the <br />preceding month, subject to verification by City. City will pay Consultant within thirty (30) <br />days of City's receipt of invoice. <br /> <br />3. Additional Services <br /> <br />In the event City desires the performance of additional services not otherwise included within <br />the services described in Exhibit A, such services shall be authorized and approved by <br />amendment in advance of the performance thereof by City Manager. The amendment shall <br />describe the additional services to be performed thereunder, the maximum compensation and <br />reimbursement of costs and expenses payable therefor, the effective date of the amendment <br />and time of performance thereof, and such other matters as the parties deem appropriate for the <br />accomplishment of such services. <br /> <br />4. No Assianment of Aareement <br /> <br />City and Consultant bind themselves, their successors and assigns to all covenants of this <br />Agreement. This Agreement shall not be assigned or transferred without the prior written <br />approval of City. <br /> <br />5. Status <br /> <br />Consultant and all person(s) employed by or contracted with Consultant to furnish labor and/or <br />materials under this Agreement are independent Contractors and do not act as agent(s) or <br />employee(s) of City. Consultant has full rights, however, to manage its employees in their <br />performance of Services under this Agreement. Consultant is not authorized to bind City to any <br />contracts or other obligations. <br /> <br />The payment made to Consultant pursuant to the Agreement will be the full and complete <br />compensation to which Consultant is entitled. City will not make any federal or state tax <br />with holdings on behalf of Consultant or its agents, employees or subcontractors. City will not be <br />required to pay any workers' compensation insurance or unemployment contributions on behalf <br />of Consultant or its employees or subcontractors. Consultant agrees to indemnify City within <br />thirty (30) days for any tax, retirement contribution, social security, overtime payment, <br />unemployment payment or workers' compensation payment which City may be required to <br />make on behalf of Consultant or any agent, employee, or subcontractor of Consultant for work <br />done under this Agreement. At the City's election, City may deduct the indemnification amount <br />from any balance owing to Consultant. <br /> <br />A TTY/AGR/2006.01 0 <br />3/10/06 <br /> <br />2 <br />