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• r <br /> ARTICLE 2 <br /> COMPENSATION <br /> 2.1 Fee <br /> CITY agrees to compensate CONSULTANT an amount not to exceed Twenty <br /> Three Thousand Two Hundred Ten ($23,210) for services as described in Article 1 in <br /> accordance with schedule of charges which is attached hereto as Exhibit "B" and <br /> incorporated herein by this reference. <br /> 2.2 Terms of Compensation <br /> CONSULTANT shall submit monthly invoices for the percentage of work <br /> completed in the previous month. CITY agrees to authorize payment for all undisputed <br /> invoice amounts within thirty(30) days of receipt of each invoice. CITY agrees to use its <br /> best efforts to notify CONSULTANT of any disputed invoice amounts or claimed <br /> completion percentages within ten (10) days of the receipt of each invoice. However, <br /> CITY's failure to timely notify CONSULTANT of a disputed amount or claimed completion <br /> percentage shall not be deemed a waiver of CITY's right to challenge such amount or <br /> percentage. <br /> Additionally, in the event CITY fails to pay any undisputed amounts due <br /> CONSULTANT within forty-five (45) days after invoices are received by CITY then CITY <br /> agrees that CONSULTANT shall have the right to consider said default a total breach of <br /> this Agreement and be terminated by CONSULTANT without liability to CONSULTANT <br /> upon ten (10)working days advance written notice. <br /> 2.3 Additional Services <br /> CITY may request additional specified work under this Agreement. All such <br /> work must be authorized in writing by the CITY's Director of Public Works prior to <br /> commencement. CONSULTANT shall perform such services, and CITY shall pay for such <br /> additional services in accordance with CONSULTANT's Schedule of Hourly Rates,which is <br /> within Exhibit "B." The rates in Exhibit "B" shall be in effect through the end of this <br /> Agreement. <br /> 2.4 Term of Agreement <br /> This Agreement shall commence on April 29, 2013 and shall terminate on <br /> December 30, 2015 unless sooner terminated pursuant to Article 4 of this Agreement. <br /> Additionally, there shall be One (1) one year options to renew the Agreement with the <br /> mutual written consent of both parties. <br /> Page 2 of 11 <br /> R6876-000111347704v1.doc Agreement for Design Professional Services <br />