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- 5 <br /> <br />CDBG Agreement with Rebuilding Together Oakland | East Bay – FY2019-2020 <br />and other printed material on recycled paper to the extent that it is available at equal or less cost than virgin paper. <br /> <br /> 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 /> <br />3.0 DISBURSEMENT OF FUNDS <br /> <br />3.1 Maximum Amount of CDBG Funds. City hereby agrees to pay Consultant a sum not to exceed <br />$100,000.00 in CDBG Funds, notwithstanding any contrary indications that may be contained in Consultant’s <br />proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict <br />between this Agreement and Consultant’s “Scope of Services” (Exhibit “A”) regarding the amount of compensation, <br />the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time <br />and in the manner set forth herein. The payments specified below shall be the only payment from City to Consultant <br />for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified <br />herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services <br />performed by more than one person. <br /> <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 /> <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 through <br />any other source of funds. <br /> <br />3.2 Maximum Amount of General Funds. Not applicable. <br /> <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 /> <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 City, <br />setting forth the amounts actually expended by Consultant for the services performed and reimbursable costs incurred <br />prior to the invoice date; provided that said expenses are provided for under Exhibit "B" and performance standards <br />have been met under this Agreement. Said invoice shall be accompanied with such additional supporting information <br />as requested by City, including: <br /> <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 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 spent by each person, a <br />brief description of the work, and each reimbursable expenses 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 exceeds eight hundred <br />(800) hours within a twelve (12) month period under this Agreement and any other agreement between Consultant <br />170