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Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $141,000 <br />for the period of January 1, 2008 through June 30, 2008, notwithstanding any contrary indications that may <br />be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under <br />this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as <br />Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant <br />for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The <br />payments specified below shall be the only payments from City to Consultant for services rendered <br />pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. <br />Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services <br />performed by more than one person. <br />Consultant and City acknowledge and agree that compensation paid by City to Consultant under this <br />Agreement is based upon Consultant's estimated costs of providing the services required hereunder, <br />including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties <br />further agree that compensation hereunder is intended to include the costs of contributions to any pensions <br />and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City <br />therefore has no responsibility for such contributions beyond compensation required under this Agreement. <br />2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the <br />term of this Agreement, based on the cost for services performed and reimbursable costs <br />incurred prior to the invoice date. Invoices shall contain the following information: <br />^ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, <br />etc.; <br />^ The beginning and ending dates of the billing period; <br />^ A Task Summary containing the original contract amount, the amount of prior <br />billings, the total due this period, the balance available under the Agreement, and <br />the percentage of completion; <br />^ At City's option, for each work item in each task, a copy of the applicable time <br />entries or time sheets shall be submitted showing the name of the person doing <br />the work, the hours spent by each person, a brief description of the work, and <br />each reimbursable expense; <br />^ The total number of hours of work performed under the Agreement by Consultant <br />and each employee, agent, and subcontractor of Consultant performing services <br />hereunder; <br />^ The Consultant's signature; <br />2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for <br />services satisfactorily performed, and for authorized reimbursable costs incurred. City <br />shall have 30 days from the receipt of an invoice that complies with all of the requirements <br />above to pay Consultant. <br />Consulting Services Agreement between January 1, 2008 <br />City of San Leandro and MV Transportation, Inc. Page 2 of 14 <br />989837-1 <br />