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1.RETAINER PAYMENT FOR CITY-INITIATED TECHNICAL <br />ASSISTANCE.The work described in Article 2.A.1 shall be invoiced <br />pursuant to the monthly Retainer in accordance with the rate schedule <br />attached hereto.Said Retainer shall be a fixed monthly amount,invoiced <br />separately from other costs invoiced under Articles 2.A.2 and 2.A.3.At <br />the Client’s request,the Consultant may itemize the work done under said <br />Retainer.The rate schedule shall be subject to adjustment each calendar <br />year. <br />2.PAYMENT FOR PRIVATELY-INITIATED TECHNICAL ASSISTANCE. <br />The work described in Article 2.A.2 shall be invoiced on a time and <br />materials basis in accordance with the rate schedule attached hereto for <br />“Privately-Initiated Rates”.The Consultant shall provide an invoice <br />itemizing work completed by project name and number.The rate <br />schedule shall be subject to adjustment each calendar year. <br />3.PAYMENT FOR CITY-INITIATED ASSISTANCE NOT INCLUDED IN THE <br />RETAINER. The work described in Article 2.A.3 Shall be invoiced on a <br />time and materials basis in accordance with the rate schedule attached <br />hereto for “City-Initiated Rates”, if hourly, and/or for the agreed-upon <br />fixed fee if applicable. The rate schedule shall be subject to adjustment <br />each calendar year. This Section includes night meetings in excess of <br />those included in the Retainer when directed by the Client and agreed to <br />by the Consultant. <br />4.If the Client finds it necessary to abandon requested work, the Client shall <br />notify the Consultant in writing and the Consultant shall be compensated <br />for all work completed and materials expended prior to said notice. <br />5.The Consultant shall submit a statement of services rendered under <br />Article 2. on a monthly basis payable by the Client. <br />ARTICLE 5. OTHER PARTIES <br />A.It is mutually agreed that this Agreement is not transferable by either party to a <br />third party without the written consent of the other.The Consultant,at its own <br />discretion,may seek professional assistance with certain aspects of any project. <br />Such work shall at all times be subject to the Client’s acceptance as if it were <br />completed wholly by the Consultant,and shall be invoiced as such,under the <br />requirements of Articles 2 and 4 of this agreement and in compliance with <br />Minnesota Statutes §471.425. <br />B.The Consultant's reports and other materials prepared in the performance of this <br />Agreement are instruments of services and remain the property of the Client. <br />However,any further distribution of these reports by the Client must note the <br />Consultant as the source.