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8D Consent 2012 0702
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8D Consent 2012 0702
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Last modified
7/6/2012 2:38:19 PM
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6/26/2012 5:58:41 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
7/2/2012
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PERM
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_CC Agenda 2012 0702 RG
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Path:
\City Clerk\City Council\Agenda Packets\2012\Packet 2012 0702
Reso 2012-076
(Reference)
Path:
\City Clerk\City Council\Resolutions\2012
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2.7 Further Responsibilities of Parties. Both parties agree to use reasonable care and diligence to <br />perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all <br />instruments, prepare all documents, and take all actions as may be reasonably necessary to carry out the purposes <br />of this Agreement. Unless hereafter specified, neither party shall be responsible for the obligations of the other. <br />3.0 DISBURSEMENT OF FUNDS <br />3.1 Maximum Amount of CDBG Funds. City hereby agrees to pay Consultant a sum not to exceed <br />NINETY THOUSAND AND NO /100 DOLLARS ($90,000.00) in CDBG Funds, notwithstanding any contrary <br />indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs <br />incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's "Scope of <br />Services" (Exhibit "A ") regarding the amount of compensation, the Agreement shall prevail. City shall pay <br />Consultant 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 payment from City to Consultant for services rendered pursuant to this <br />Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically <br />authorized by City in writing, Consultant shall 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, including <br />salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that <br />compensation hereunder is intended to include the costs of contributions to any persons and /or annuities to which <br />Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for <br />such contributions beyond compensation required under this Agreement. <br />Consultant hereby further acknowledges that the City cannot guarantee that CDBG Funds will be received <br />from HUD. City's obligation to fund the work hereunder is limited to the availability of CDBG Funds from HUD. If <br />CDBG Funds are not forthcoming from HUD for any reason, City shall not have any obligation to fund the work <br />through any other source of funds. <br />3.2 Maximum Amount of General Funds. Not applicable. <br />3.3 Termination of Fund Obligation. The services to be provided under this Agreement may be <br />terminated without cause at any point in time in the sole and exclusive discretion of City. In this event, City shall <br />compensate Consultant for all outstanding costs incurred for work satisfactorily completed as of the date of written <br />notice thereof. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to date. <br />3.4 Method of Payment- CDBG Funds. Unless otherwise specified in Exhibit "A ", not more frequently <br />than monthly and at least quarterly, Consultant may submit to Contract Officer an invoice, in a form acceptable to <br />City, setting forth the amounts actually expended by Consultant for the services performed and reimbursable costs <br />incurred prior to the invoice date; provided that said expenses are provided for under Exhibit "B" and performance <br />standards have been met under this Agreement. Said invoice shall be accompanied with such additional supporting <br />information as requested by City, including: <br />• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; <br />• The beginning and ending dates of the billing period; <br />• A "Task Summary" containing the original contract amount, the amount of prior billings, the <br />total due this period, the balance available under the Agreement, and the percentage of <br />completion; <br />• At City's option, for each work item in each task, a copy of the applicable time entries or <br />timesheets shall be submitted showing the name of the person doing the work, the hours <br />spent by each person, a brief description of the work, and each reimbursable expenses <br />accompanied with paid receipts; <br />• Consultant's signature; and <br />• Consultant shall give separate notice to City when the total number of hours worked by <br />Consultant and any individual employee, agent, or subcontractor of Consultant reaches or <br />exceeds eight hundred (800) hours within a twelve (12) month period under this Agreement <br />-5- <br />CDBG Consulting Services Agreement <br />for Neighborhood Solutions FY12 -13 <br />
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