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- 6 - <br />CDBG Consulting Services Agreement <br />for Neighborhood Solutions FY13-14 <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 />and any other agreement between Consultant and City. Such notice shall include an <br />estimate of the time necessary to complete work described in Exhibit “A” and the estimate of <br />time necessary to complete work under any other agreement between Consultant and City, if <br />applicable. <br /> <br />a. Monthly Payment. City shall make monthly payments, based on invoices received, for <br />services satisfactorily performed and for authorized reimbursable costs incurred. To the extent that CDBG Funds <br />actually have been received from HUD, City shall pay Consultant for all expenses stated on the invoice that are <br />approved by City pursuant to this Agreement no later than the thirtieth (30th) day after the invoice is received. <br /> <br />b. Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to this <br />Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all <br />services required have been satisfactorily performed. <br /> <br />c. Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this <br />Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in <br />rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional <br />service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the <br />maximum amount of compensation provided above either for a task or for the entire Agreement, unless the <br />Agreement is modified prior to the submission of such invoice by a properly executed change order or amendment. <br /> <br />d. Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the <br />amounts shown on the compensation schedule [insert compensation schedule or reference to it as an Exhibit]. <br /> <br />e. Reimbursable Expenses. Reimbursable expenses are specified [reference to section where <br />listed], and shall not exceed Zero Dollars ($0). Expenses not listed below are not chargeable to City. Reimbursable <br />expenses are included in the total amount of compensation under this Agreement and shall not be exceeded. <br /> <br />f. Payment of Taxes. Consultant is solely responsible for the payment of employment taxes <br />incurred under this Agreement and any similar federal or state taxes. <br /> <br />g. Payment upon Termination. In the event the City or Consultant terminates this Agreement <br />pursuant to Section 8.4, the City shall compensate the Consultant for all outstanding costs and reimbursable <br />expenses incurred for work satisfactorily completed as of the date of the written notice of termination. Consultant <br />shall maintain adequate logs and timesheets to verify costs incurred to that date. <br /> <br />h. Authorization to Perform Services. Consultant is not authorized to perform any services or <br />incur any costs whatsoever under the terms of this Agreement until receipt of authorization from Contract Officer. <br />i. <br />3.5 Method of Payment - General Funds (if applicable). City shall pay Consultant an amount not to <br />exceed the total sum noted in Section 3.2 for services to be performed. City shall make monthly payments for <br />services satisfactorily performed. City shall not pay any additional sum for any expense or cost whatsoever incurred <br />by Consultant in rendering services pursuant to this Agreement. <br /> <br />3.6 Program Income. Any program income, as such term is defined in the regulations, received by <br />Consultant shall be retained by Consultant. The program income received by Consultant shall solely be used for the <br />provision of services. All provisions of this Agreement shall apply to activities funded by program income. All <br />program income shall be expended by Consultant before City is obligated to advance any other CDBG funds to <br />Consultant under this agreement. <br /> <br />3.7 Separation of Funds. Consultant shall certify that Consultant's financial system is in accordance <br />with the standards specified in OMB Circular 110, or 24 CFR Part 84.