R2026-123 Resolution Authorizing the City of Decatur to Enter into an Agreement with McKenna Associates, Inc. for the Preparation of a Unified Development Ordinance

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5. Release of Claims. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement, and as a condition precedent thereto,the Consultant shall execute and deliver to the City's Representative a release of all claims against the City arising under or by virtue of this Agreement. 6. Local Government Prompt Payment Act. The Consultant and City hereby expressly acknowledge and agree that the Local Government Prompt Payment Act does not apply to this Agreement. C. PAYMENT UPON TERMINATION. In the event of termination by City under Section IV.E upon the completion of any phase of the Basic Services, progress payments due to the Consultant for services rendered through such phase shall constitute total payment for such services. In the event of such termination by City during any phase of the Basic Services,Consultant also will be reimbursed for the charges of independent professional associates and consultants employed by Consultant to render Basic Services, and paid for services rendered during that phase on the basis of Consultant's Direct Labor Costs times a factor defined in Section V.A. of this Agreement for services rendered during that phase to date of termination by Consultant's principals and employees engaged directly on the Project. In the event of any such termination, Consultant will be paid for all unpaid Additional Services rendered to date and unpaid Reimbursable Expenses that may have accrued to date. This Agreement is made between the City and the Consultant entered into on the last date written below. In witness, the parties have executed this Agreement. June DATED this 17th day of ,2025 THE CITY OF DECATUR, ILLINOIS —4(JUL. i/OP.74 tt) Juli Moore Wolfe, Mayor ATTEST: Kim A o , City Clerk McKenna Associates, Inc. By: on 8 Last Revised:2/03/2022