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6 <br /> b. For professional consulting services described under"Scope of Services" in <br /> Attachment A, the City shall pay the Contractor compensation of$76,176 for one <br /> year. <br /> c. For the period March 1, 2010 through March 2011,the annual compensation the City <br /> shall pay the Contractor shall be adjusted by the percentage change in the Consumer <br /> Price Index (CPI-U) for the Seattle-Tacoma area for the June 2008 to June 2009 <br /> index. <br /> d. For the period March 1, 2011 through March 2012, the annual compensation the City <br /> shall pay the Contractor shall be adjusted by the percentage change in the Consumer <br /> Price Index(CPI-U) for the Seattle-Tacoma area for the June 2009 to June 2010 <br /> index. <br /> e. If Contractor fails or refuses to accept direction or carry out the reasonable directions <br /> of the City in performance of its work,the City may, in addition to any other remedy, <br /> withhold from any payment otherwise due an amount that the City in good faith <br /> believes is equal to the cost to the City of correcting,re-procuring or remedying any <br /> damage caused by Contractor's conduct. <br /> f. Any commission the contractor receives shall be reviewed on an individual basis with <br /> prior approval required by the Labor Relations/Human Resources Director. <br /> 5. Termination of Contact. Both parties reserve the right to terminate this Agreement at <br /> any time by sending written notice of termination to Contractor("Notice"). The Notice <br /> shall specify a termination date("Termination Date") at least thirty(30) days after the <br /> date the Notice is issued. The Notice shall be effective("Notice Date")upon the earlier <br /> of either actual receipt by Contractor(whether by fax,mail, delivery or other method <br /> reasonably calculated to be received by Contractor in a reasonably prompt manner) or <br /> three calendar days after issuance of the Notice. Upon the Notice Date, Contractor shall <br /> immediately commence to end the Work in a reasonable and orderly manner. Unless <br /> terminated for Contractor's material breach,the Contractor shall be paid or reimbursed <br /> for: (a) all hours worked and Eligible Expenses incurred up to the Notice Date,less all <br /> payments previously made; and(b)those hours worked and Eligible Expenses incurred <br /> after the Notice Date,but prior to the Termination Date,that were reasonably necessary <br /> to terminate the Work in an orderly manner. The Notice shall be sent by the United <br /> States Mail to Contractor's address provided herein,postage prepaid, certified or <br /> registered mail,return receipt requested, or by delivery. In addition,the Notice may also <br /> be sent by any other method reasonably believed to provide Contractor actual notice in a <br /> timely manner, such as fax. The City does not by this section waive,release or forego <br /> any legal remedy for any violation,breach or nonperformance of any of the provision of <br /> this Agreement. At its sole option, City may deduct from the final payment due the <br /> Contractor(a) any damages, expenses or costs arising out of any such violations, <br /> breaches, or non-performance and(b) any other back charges or credits. <br /> 2 56 <br />