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Notwithstanding the foregoing, the combined total of compensation and <br />reimbursement of costs payable hereunder shall not exceed the sum of Two Hundred <br />Sixty-five Thousand Eight Hundred Sixty-seven and No/100 Dollars ($265,867). <br /> <br /> Compensation and reimbursement of costs and expenses hereunder shall be <br />payable upon monthly billing therefor by Consultant to City, which billing shall include <br />an itemized statement, briefly describing by task and labor category or cost/expense <br />items billed. <br /> <br /> 3. ADDITIONAL SERVICES. Notwithstanding Paragraph 2 of this Agreement, <br />in the event City desires the performance of additional services not otherwise included <br />within the services described in Exhibit "A," such services shall be authorized by written <br />amendment or task order approved in advance of the performance thereof. Such <br />amendment or task order shall include a description of the services to be performed <br />thereunder, the maximum compensation and reimbursement of costs and expenses <br />payable therefor, the time of performance thereof, and such other matters as the <br />parties deem appropriate for the accomplishment of such services. Except to the <br />extent modified by an amendment or task order, all other terms and conditions of this <br />Agreement shall be deemed incorporated in each such amendment or task order. <br /> <br /> 4. ASSIGNABILITY. Neither Consultant nor City shall subcontract, assign, sell, <br />mortgage, hypothecate or otherwise transfer their respective interests or obligations in <br />this Agreement without the express prior written consent of the non-transferring party. <br /> <br /> 5. STATUS. In the performance of services hereunder, Consultant shall be, and <br />is, an independent contractor, and shall not be deemed to be an employee or agent of <br />City. <br /> <br />F:Atty/^gr/Agr.098 2 <br />012303 <br /> <br /> <br />