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ATTY/AGR/2016.250/RELOCATION ASSISTANCE CONSULTANT AGREEMENT <br />REV: 09-07-16 VR <br />Page 2 of 18 <br />Scope of Work and Timing of Performance attached hereto as Exhibit A and incorporated herein <br />by reference. <br />B. Time of Performance. Consultant shall perform its services in accordance <br />with the schedule attached hereto as Exhibit A. Any changes to these dates shall be approved in <br />writing by the City. <br />C. Standard of Quality. City relies upon the professional ability of Consultant <br />as a material inducement to entering into this Agreement. All work performed by Consultant under <br />this Agreement shall be performed 1) with due diligence, using its best efforts to perform and <br />coordinate all activities in a timely manner; 2) in accordance with all applicable legal requirements; <br />and 3) with the standard of quality ordinarily to be expected of competent professionals in <br />Consultant’s field of expertise. Consultant shall correct, at its own expense, all errors made in the <br />provision of services under this Agreement. In the event that Consultant fail to make such <br />correction in a timely manner, City may make the correction and charge the cost thereof to <br />Consultant. <br />4. Compensation and Method of Payment. <br />A. Compensation. The parties agree that any fees, costs, or expenses incurred <br />by Consultant for work performed pursuant to the Burke Agreement are to be treated as though <br />those fees, costs, or expenses were incurred under this Agreement; Burke shall not be liable for <br />any fees, costs, or expenses for work performed pursuant to the Burke Agreement. The <br />compensation to be paid to Consultant, including both payment for professional services and <br />reimbursable expenses provided for directly under this Agreement shall be at the rate and schedules <br />more particularly described in Exhibit B, attached hereto and incorporated by this reference. <br />However, in no event shall the amount City pays to Consultant for services provided directly under <br />this Agreement exceed three hundred eleven thousand six hundred sixty eight dollars ($311,668). <br />City’s obligation to pay compensation to Consultant as provided herein is contingent upon <br />Consultant’s compliance with the terms and conditions of this Agreement and any amendments <br />thereto. Payment by City under this Agreement shall not be deemed a waiver of unsatisfactory <br />work, even if such defects were known to the City at the time of payment. City shall pay Consultant <br />as compensation in full for such services and expenses for the different elements of the scope of <br />work as follows: <br />B. Timing of Payment. Consultant shall submit itemized monthly statements <br />for work performed. All statements shall include adequate documentation demonstrating work <br />performed during the billing period and shall conform to Federal Funding invoicing requirements, <br />if applicable. Except as otherwise provided herein, City shall make payment, in full, within thirty <br />(30) days after approval of the invoice by City. Payments due and payable to Consultant for current <br />services must be within the current budget and within an available, unexhausted and <br />unencumbered appropriation of the City. In the event the City has not appropriated sufficient funds <br />for payment of Consultant services beyond the current fiscal year, this Agreement shall cover only <br />those costs incurred up to the conclusion of the current fiscal year; payment for additional work is <br />conditional upon future City appropriation. <br />C. Changes in Compensation. Consultant will not undertake any work that will <br />6.1.C. - Page 6