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Agmt 2009 Mark Thomas & Company Inc
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Agmt 2009 Mark Thomas & Company Inc
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Last modified
4/15/2009 12:48:12 PM
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4/15/2009 12:48:11 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
4/6/2009
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PERM
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Reso 2009-048
(Approved by)
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\City Clerk\City Council\Resolutions\2009
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Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed ONE <br />HUNDRED AND ONE THOUSAND, EIGHT HUNDRED AND SEVENTY FIVE DOLLARS ($101,875.00), <br />notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be <br />performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this <br />Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the <br />Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the <br />time and in the manner set forth herein. The payments specified below shall be the only payments from <br />City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to <br />City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall <br />not bill City for duplicate services 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 />^ Consultant shall give separate notice to the City when the total number of hours <br />worked by Consultant and any individual employee, agent, or subcontractor of <br />Consultant reaches or exceeds 800 hours within a 12-month period under this <br />Agreement and any other agreement between Consultant and City. Such notice <br />shall include an estimate of the time necessary to complete work described in <br />Exhibit A and the estimate of time necessary to complete work under any other <br />agreement between Consultant and City, if applicable. <br />Consulting Services Agreement between 08-144-39-012 <br />City of San Leandro and Mark Thomas & Company, Inc. Page 2 <br />
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