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CONSULTANT shall submit monthly invoices each accompanied by a <br />detailed statement of services performed during the period for which payment is <br />requested. Payment by CITY shall be made within thirty (30) days following <br />receipt of a proper invoice, subject to CITY accounting procedures. <br />Notwithstanding the foregoing, payment need not be made for work which <br />fails to meet the standard of performance specified in Section 3. <br />CONSULTANT and the Director may agree upon the performance by <br />CONSULTANT of additional work beyond the scope of RFP and the Proposal <br />but related thereto this Agreement. <br />However, total payments to CONSULTANT pursuant to this Agreement, <br />including all such additional work, shall not exceed $240,000 annually without <br />the approval of CITY. Funds not spent in the year of allocation will be <br />accumulated <br />7. OWNERSHIP OF MATERIALS, SUPPLIES, DRAWINGS, <br />SPECIFICATIONS, PROGRAMS AND SYSTEMS <br />Any and all records, papers, drawings, specifications, programs, systems <br />and other materials prepared by CONSULTANT, pursuant to this Agreement <br />shall be the property of CITY. CONSULTANT agrees to provide CITY with any <br />such materials whenever requested to do so. <br />8. HOLD HARMLESS CLAUSE <br />CONSULTANT agrees to indemnify and hold harmless CITY, and its <br />officers, agents, representatives, volunteers and employees from any and all loss <br />or damage, and from any and all suits, actions and claims filed or brought by any <br />person or persons, however caused, arising out of CONSULTANT'S negligent <br />performance or failure to perform, any and all things necessary to and required <br />to be done by CONSULTANT, pursuant to the specifications in the Agreement. <br />9. INSURANCE <br />15 <br />