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Multi-Jurisdictional Zoning and Subdivision Ordinance <br /> <br />supporting data and documentation. Consultant shall make its best efforts to comply <br />with the time schedule. <br /> <br />Compensation of Consultant. In consideration of the performance of the work required <br />under this A~eeraent, the City shall pay Consultant on a time and expense basis based upon the <br />hours worked and the hourly costs listed in Exhibit C for an amount not to exceed eighty-four <br />thousand dollars ($84,000) for Phases 1 and 2 of the Scope of Services, and fifty thousand <br />dollars ($50,000) for any work remaining on Phases and 1 and 2 after the current fiscal year <br />and Phases 3 and 4. Direct expenses include, but are not necessarily limited to, long-distance <br />telephone, copying and report reproduction, travel, special postage, overnight delivery and <br />word processing. Cost estimates generally are allocated among Phases in E,'~bit A attached <br />hereto. <br /> <br />Consultant shall bill the City monthly for fees and expenses. Fees and expenses shall be <br />categorized between the Tasks as described in '~ 1 hereto. The monthly invoices shall itemize <br />the time spent and the expenses incurred by phase and shall be accompanied or preceded by <br />monthly progress reports. The City shall render payment to Consultant pursuant to such <br />invoice within thirty (30) days following receipt of the invoice. FL&C shall have the right to <br />cease work and terminate this Agreement in the event of either non-payment of any invoice or <br />City's failure to pay any invoice by the 45th day after receipt by the City. <br /> <br />Changes/Addition~. The parties hereto may make changes in the Scope of Services, Time of <br />Performance, and/or Compensation of Consultant provisions of this Agreement, if mutually <br />agreed upon by the City and Consultant. All such changes or additions shall be incorporated as <br />written amendments to this Agreement and shall be signed by the parties hereto. <br /> <br />Termination. This Agreement may be terminated by FL&C upon thin3.' (30) days' written <br />notice to the City. The City may terminate this Agreement at any time upon thirty (30) days <br />written notice to Consultant. In the event of such termination, the City shall determine and pay <br />Consultant for services performed in accordance herewith prior to such termination, including <br />all expenses incurred by Consultant under this Agreement. In ascertaining the services actually <br />rendered hereunder to the date of any termination of this Agreement, the City shall give <br />consideration to both completed work and work in process of completion and to complete any <br />incomplete reports, drawings and other documents, whether delivered to the City or in the <br />possession of Consultant. At the election of the City, the City may require FL&C to complete <br />such work in progress or portions thereof; FL&C shall be compensated by the City for any such <br />additional work or services. <br /> <br />Independent Contractor. This agreement is a personal services agreement. Consultant shall <br />perform all work and services hereunder as an independent contractor, and not as an officer, <br />agent, servant or employee of the City. All legal services shall be performed by FL&C under <br />the direct supervision of the City Attorney. <br /> <br />Freilich, Leitner & Carlisle · Jordan Jones & Goulding <br /> 3 <br /> <br /> <br />