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Consultant and Agency acknowledge and agree that compensation paid by Agency to Consultant under <br />this 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. <br />Agency therefore has no responsibility for such contributions beyond compensation required under this <br />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 Agency'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 Consultant's signature; <br />^ Consultant shall give separate notice to the Agency when the total number of <br />hours worked by Consultant and any individual employee, agent, or subcontractor <br />of Consultant reaches or exceeds 800 hours within a 12-month period under this <br />Agreement and any other agreement between Consultant and Agency. Such <br />notice shall include an estimate of the time necessary to complete work described <br />in Exhibit A and the estimate of time necessary to complete work under any other <br />agreement between Consultant and Agency, if applicable. <br />2.2 Monthly Payment. Agency shall make monthly payments, based on invoices received, <br />for services satisfactorily performed, and for authorized reimbursable costs incurred. <br />Agency shall have 30 days from the receipt of an invoice that complies with all of the <br />requirements above to pay Consultant. <br />2.3 Final Payment. Agency shall pay the last 10% of the total sum due pursuant to this <br />Agreement within 60 days after completion of the services and submittal to Agency of a <br />final invoice, if all services required have been satisfactorily performed. <br />2.4 Total Payment. Agency shall pay for the services to be rendered by Consultant pursuant <br />to this Agreement. Agency shall not pay any additional sum for any expense or cost <br />whatsoever incurred by Consultant in rendering services pursuant to this Agreement. <br />Consulting Services Agreement between July 1, 2009 <br />RDA of City of San Leandro and Neighborhood Solutions Page 2 of 14 <br />989837-1 <br />