RDA Agmt 2008 Pacific Coast Farmers Market Assn

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Consultant and Agency acknowledge and agree that compensation paid by Agency to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. Agency therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than twice per market season during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: ^ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; ^ The beginning and ending dates of the billing period; ^ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ^ At Agency's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; ^ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder; ^ The Consultant's signature; ^ Consultant shall give separate notice to the Agency when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and Agency. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and Agency, if applicable. 2.2 First Payment. Based on invoices received for services satisfactorily performed, and for authorized reimbursable costs incurred, Agency shall pay Consultant within 30 days after July 1 of each market season for costs that comply with all of the requirements above to pay Consultant. First payment made will be no more than $8,800.00 for market season 2008, no more than $7,200.00 for market season 2009, and no more than $4,800.00 for market season 2010. Consulting Services Agreement between APRIL 21, 2008 City of San Leandro and Pacific Coast Farmers' Market Association Page 2 of 14 989837-1