09 - FEMA Flood Mitigation Assistance (FMA) Program Third Party Administrator

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to the CITY pursuant to this Contract over and above the total payment amount identified in this provision. Any extraordinary expenses not approved in writing in advance by the CITY shall remain the sole responsibility of the CONSULTANT. CONSULTANT will bill CITY on a monthly basis using statements approved by the CITY; however, under no circumstances shall any monthly statement for services exceed the value of work performed at the time a statement is rendered. If additional services, trips or expenses are requested, CONSULTANT will not provide such additional services until authorized by CITY in writing to proceed. The scope of services shall be strictly limited. CITY shall not be required to pay any amount in excess of the amount identified in the preceding paragraph unless CITY shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. Each month CONSULTANT will submit to CITY an invoice supporting the payment sought. Each invoice shall also state a total of the current invoice amount and a running total balance for the Project to date. Within thirty (30) days of receipt of each such monthly invoice, CITY shall make payment in the amount shown by CONSULTANT's approved monthly statements and other documentation submitted. Such payments shall be subject to the Texas Prompt Payment Act, Texas Government Code §§ 2251.001, et seq. Nothing contained in this Contract shall require CITY to pay for any work that is unsatisfactory as determined by CITY or which is not submitted in compliance with the terms of this Contract, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which CITY may have if CONSULTANT is in default, including the right to bring legal action for damages or for specific performance of this Contract. Waiver of any default under this Contract shall not be deemed a waiver of any subsequent default. IV. Revisions of the Scone of Services CITY reserves the right to revise or expand the scope of services after due approval by CITY as CITY may deem necessary, but in such event CITY shall pay CONSULTANT equitable compensation for such services. In any event, when CONSULTANT is directed to revise or expand the scope of services under this Section of the Contract, CONSULTANT shall provide CITY a written proposal for the entire cost involved in performing such additional services. Prior to CONSULTANT undertaking any revised or expanded services as directed by CITY under this Contract, CITY must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. It is expressly understood and agreed by CONSULTANT that any compensation not specified in Paragraph III hereinabove may require approval by the City Council and is subject to the current budget year limitations. V. Term and Time of Performance This Contract shall begin on the date first written above, and shall terminate when CITY has approved the Project as being final or otherwise terminates this Contract as provided herein. The CONSULTANT shall commence services upon execution of this Contract. Unless terminated, or unless the Scope of Services and Time of Performance are changed in accordance with Article XV, Changes, the CONSULTANT shall complete the Scope of Services provided under Article II by September 16, 2022. Professional Services Contract — FMA Program Funding Administration Resource Management & Consulting Co. Page 2 of 18