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EXHIBIT "B" <br />PAYMENT TERMS AND LIQUIDATED DAMAGES <br />A. Pavment Terms <br />Consultant shall provide the services outlined herein on a time and materials not to <br />exceed $200,000.00. Fees will be billed based on actual hours and materials used per <br />the billing rate schedule delineated below. <br />Labor Rate: $150.00 per hour <br />Materials: Cost + 15% <br />B. Liquidated Damages <br />Time is of the essence for each and every provision of this Agreement. The parties <br />agree that because of the nature of the services to be performed by Consultant, it would <br />be extremely difficult or impractical to fix the amount of actual damages incurred by the <br />City because of a delayed response to a request for service, a failure to respond to a <br />request for non-emergency/routine service, or a failure to respond to a request for <br />emergency service. For each repeated call for service at a single location, City may <br />assess liquidated damages in the amount of One Hundred Dollars ($100) per repeated <br />call. For each failure to respond to a request for non-emergency/routine service, City <br />may assess liquidated damages in the amount of Two Hundred Fifty Dollars ($250) per <br />instance. For each failure to respond to a request for emergency service, City may <br />assess liquidated damages in the amount of Five Hundred Dollars ($500) per instance. <br />The parties agree that these sums are reasonable and appropriate. The City may <br />deduct any accrued liquidated damages from payment due or to become due to the <br />Consultant. <br />REV: 11-16-17 MI <br />Page 11 of 11 <br />ATTY/AGR.2017.274/The EDCCO Group - SCADA Maintenance Services <br />