6.C.(5) Agreement for Services with Hathaway 2

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Provider understands and acknowledges that the City's Internal Auditor may perform, at any reasonable time and for a period extending to two (2) years after the termination of this Agreement, a review of outstanding and completed contracts for compliance with contract provisions and hereby agrees to provide the City"s Internal Auditor prompt access to all information and documents (whether elech-onie or otherwise) requested by the City s Internal Auditor for the purposes of completing such audit, which such access must be provided at least during normal business hours. Further, the Provider shall permit the City"s Internal Auditor to audit, examine, and make excerpts of transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. At regular intervals during the tern of this Agreement, the Commission may conduct reviews of the content and progress of the Requested Services. K Revision of Requested Se~~l~iccs. If, as a result of any review hereunder, it is the opinion of the Commission that revisions of the scope of the Requested Services are necessary or the methods employed by the Provider are inappropriate, the Commission may require such revisions to the scope or methods by notifying the Provider in writing. L Provider Attthorit~~ to Hine Subcontructo~-s. Provider shall have the authority to contract with a subcontractor or subcontractors in order to perform the Requested Services pursuant to this Agreement. However, any agreement with subcontractors shall be consistent with the terms and conditions of this Agreement, and shall be paid by Provider out of the budget and funds described in this Agreement. To the extent any fees of a subcontractor exceed the compensation described in Section 4, such compensation shall be at the expense of Provider. SECTION 4. Compensation. A. Fees for Se~•vice.c. As compensation for services performed pursuant to this agreement, the Commission agrees to pay the Provider a not to exceed fee of One Hundred Twenty Thousand Dollars (~ 120,000) to be earned at a rate not to exceed One Hundred Twenty-five Dollars (S 125.00) per hour for services rendered, and in addition, Commission shall provide office space at Innovation Park located adjacent to the University of Notre Dame on Edison Boulevard at a rate not to exceed Seven Hundred Fifty Dollars ($750.00) per month. B. IJwoices. The Provider shall submit an invoice for progress payments to the Commission for services performed under this Agreement, which invoice shall identify the Project, the task, and a description of the services completed. Invoices shall be submitted within five (5) days of the preceding month for which services were rendered. For example, the invoice seeking payment for services rendered in January, 2010 shall be submitted no later than February 5, 2010. In no event shall invoices exceed the sum of Ten Thousand Dollars ($10,000.00) per month. h1 the event of termination of this Agreement as provided in SECTION 6, all non-disputed sums owing and due the 5