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, <br /> by a trust deposit shall not count towards the maximum amounts CONSULANT shall be <br /> paid for such services. If the CITY requests any work that is beyond the scope of work <br /> listed in the Proposal, the CITY and CONSULTANT shall negotiate the scope of work <br /> and fees for this extra work in accordance with CONSULTANT's Hourly Billing Rates, <br /> which is attached hereto as Exhibit "A" and incorporated herein by this reference, up to <br /> ten thousand dollars ($10,000) for a single service maximum amount. Upon mutual <br /> agreement of the scope of work and fees, the City shall issue a written Notice to <br /> Proceed therefor. The rates in Exhibit "A" shall remain in effect through at least June <br /> 30, 2013. Thereafter, if CONSULTANT wishes to increase the rates set forth in Exhibit <br /> "A," CONSULTANT shall give CITY ninety (90) days prior written notice of the rate <br /> increase. <br /> 2.2 Payment Address <br /> All payments due CONSULTANT shall be paid to: <br /> Charles Abbott Associates, Inc. <br /> 27401 Los Altos <br /> Mission Viejo, CA 92691 <br /> 2.3 Terms of Compensation <br /> CONSULTANT shall submit monthly invoices for the work completed in <br /> the previous month. CITY agrees to authorize payment for all undisputed invoice <br /> amounts within thirty (30) days of receipt of each invoice. CITY agrees to use its best <br /> efforts to notify CONSULTANT of any disputed invoice amounts within ten (10) days of <br /> the receipt of each invoice. However, CITY's failure to timely notify CONSULTANT of a <br /> disputed amount shall not be deemed a waiver of CITY's right to challenge such <br /> amount. <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 /> 2.4 Term of Agreement <br /> This Agreement shall commence on August 29, 2012 and shall terminate <br /> on June 30, 2013 unless sooner terminated pursuant to Article 4 of this Agreement. <br /> ARTICLE 3 <br /> Page 2 of 11 <br /> R6876-0001\1463534v2.doc Agreement for Professional/Technical Services <br />