Agmt15 Shums Coda & Associates, Inc.

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more particularly described in Exhibit B (Fee Schedule), which is attached hereto and incorporated by this reference, or authorized Task Order, in accordance with the terms and conditions included therein. However, in no event shall City pay to Consultant an amount that exceeds Five Hundred Thousand Dollars and no cents ($500,000) for the completion of all the work and services described herein, which sum shall include all costs or expenses incurred by Consultant. Consultant shall not undertake any work that will incur costs in excess of the amount set forth in Exhibit B, the Task Order and/or this Section without prior written amendment thereof. Failure of the Consultant to secure City's written authorization for extra or changed work will constitute a waiver of any and all right to adjustment in the contract price or time due, whether by way of compensation, restitution, quantum meruit, etc. for work done without the appropriate City authorization. Consultant shall not receive premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings, on weekends or on a recognized holiday. Consultant shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. 6.2 Request for Payment. Consultant must submit a payment request form to City which will include the following: a clear, detailed invoice reflecting work being billed for, a summary sheet showing hourly rates, hours worked, percentage of work completed to date, amount and percent billed to date and current status of all tasks within a project; any/all backup documentation supporting the above items. Work schedule updates must also be included with the payment requests. 6.3 Records. Consultant shall maintain adequate records and shall permit inspection and audit by City of Consultant's charges under this Agreement. Consultant shall make such records available to City during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records, and they shall be available only to City and any specified public agencies. Such records shall be maintained by Consultant for one ( 1 ) year following completion of the work under this Agreement unless a longer period of time is required by state or federal law, in which event Consultant shall retain its records for the time required by such laws. 6.4 Payments. The payment made to Consultant pursuant to this Agreement shall be the full and complete compensation to which Consultant is entitled. City' s obligation to pay compensation to Consultant as provided herein is contingent upon Consultant's compliance with the terms and conditions of this Agreement, including associated Task Orders and any amendments thereto. Payment by City under this Agreement shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the City at the time of payment. 6.5 Withholdings. City shall not make any federal or state tax withholdings on behalf of Consultant or its agents, employees or subcontractors. City shall not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Consultant or its employees or subcontractors. Consultant agrees to reimburse City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or ATTY/AGR/2016/AMENDMENTS/AMEND NO.1 SHUMS CODE & ASSOCIATES, INC. REV: 04-28-16 RL Page 3 of 19