R2014-95 AGREEMENT WITH TELE SCAN, INC.

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T provision of this Agreement or the application of the Agreement to the parties, shall not be affected thereby. P. The Parties recognize and agree that time is of the essence of this Agreement. SECTION V. PAYMENT A. BASIS OF BILLING. City shall pay the Professional Service Provider for all services rendered under Section II based on unit costs as set forth in Exhibit H hereto. B. SUBCONSULTANT. Not included in this Contract. C. REIMBURSABLE EXPENSES.Not included in this Contract. D. PAYMENT FOR WORK COMPLETED I. Monthly progress payments may be requested by the Professional Service Provider for work satisfactorily completed and shall be made by the City to the Professional Service Provider as soon as practicable upon submission of statements requesting payment by the Professional Service Provider to the City. Each statement shall be accompanied by an Invoice Data Sheet.as shown in Exhibit I. If the Professional Service Provider prefers,the Invoice Data sheet may serve as the Professional Service Provider's invoice. 2. The Professional Service Provider shall prepare a monthly progress report indicating the amount of work completed based on the approved scope of work and any approved addendums. The Professional Service Provider shall also prepare a progress chart showing the upper limit of compensation approved by the contract,the planned time of completion,the estimated completion to date,the percentage of the approved contract amount earned,the percentage of elapsed time, and the currently forecasted amount of work required to complete the project. The Professional Service Provider may use an electronic spreadsheet template prepared by the City's Representative to prepare the progress chart. 3. No payment request made pursuant to subparagraph I of this Section V shall exceed the estimated maximum total amount and value of the total work and services to be performed by the Professional Service Provider under this Agreement for that phase or additional service without the prior authorization of the City's Representative. These estimates have been prepared by the Professional Service Provider and supplemented or accompanied by such supporting data as may be required by the City's Representative. 4. Upon receipt of a properly invoiced payment request,the City shall pay the amount due less any amounts allowed to be retained or withheld by the City under this Agreement within 60 days of receipt of the invoice. 5. Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement, and as a condition precedent thereto,the Professional Service Provider 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. The Professional Service Provider and City hereby expressly acknowledge and agree that the Local Government Prompt Payment Act does not apply to this Agreement. 7