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Mr. Richard Haygood July 14, 1999 Page 6 SCHEDULE , DKS will deliver the administrative draft report approximately six weeks after receiving written authorization to proceed and approval of the work scope by City staff. It is anticipated, contingent upon actual start date, public review and City staff review, that a final report will be finished by the end of September 1999. FEE AND BILLING TERMS In consideration of the perfonnance of these services, DKS Associates will be compensated the fixed price amount of $25,000, This fixed price amount is based upon the scope of services and level of effort presented above, Since the scope of work is subject to review by City staff, DKS will revise the proposed work scope and budget estimate after receiving any comments on the scope, DKS will invoice monthly based upon our estimate of progress (percent complete). Payments are due on a net 30 day basis, A service charge of 1 V4 percent per month compounded will be assessed on billings not paid when due, If payment of our invoices is not made within 45 days of the due date, DKS reserves the right to cease work on this project until such time as payment is received, In the event of any litigation between the parties to this agreement arising fj-om this agreement, the prevailing party shall be reimbursed for its reasonable attorneys fees and costs. Should the services not be authorized in thirty (30) days; or should changes occur in the scope or level of effort; or should the completion date extend beyond the estimated completion date of August 31, 1999, due to circumstances beyond DKS's control; we reserve the right to revise the scope, budget and schedule to reflect then current conditions, Such revisions will be effected through amendments to this agreement. Please do not hesitate to call with any questions or if you require further assistance, Thank you for considering DKS for this proposal. Sincerely, OKS Associates A California Corporation Lmr¿~œA/ Mark E. Spencer Project Manager ....-......,... . ._- T .