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<br />Consulting Services Agreement between City of San Leandro and <br />Griffin Structures, Inc for Staff Augmentation Page 4 of 16 <br />2.3.4 If Consultant service as rated by City, in its “sole” discretion is less than “A” <br />through “C” as identified herein, no release of any Performance Retention to <br />Consultant by City shall be required or made by the City. 2.3.5 The contract fee shall be reduced by the amount of performance retention which is <br />not released per section 2.3 <br /> 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to <br />this Agreement. City shall not pay any additional sum for any expense or cost whatsoever <br />incurred by Consultant in rendering services pursuant to this Agreement. City shall make <br />no payment for any extra, further, or additional service pursuant to this Agreement. <br /> <br />In no event shall Consultant submit any invoice for an amount in excess of the maximum <br />amount of compensation provided above either for a task or for the entire Agreement, <br />unless the Agreement is modified prior to the submission of such an invoice by a properly <br />executed change order or amendment. <br /> <br />2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed <br />the amounts shown on the compensation schedule attached hereto as Exhibit B. <br /> 2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B, and shall <br />not exceed $7,828. Expenses not listed in Exhibit B are not chargeable to City. <br />Reimbursable expenses are included in the total amount of compensation provided under <br />this Agreement that shall not be exceeded. <br /> 2.7 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 />2.8 Payment upon Termination. In the event that the City or Consultant terminates this <br />Agreement pursuant to Section 8, the City shall compensate the Consultant for all <br />outstanding costs and reimbursable expenses incurred for work satisfactorily completed as <br />of the date of written notice of termination. Consultant shall maintain adequate logs and <br />timesheets to verify costs incurred to that date. <br /> 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any <br />services or incur any costs whatsoever under the terms of this Agreement until receipt of <br />authorization from the Contract Administrator. <br /> <br />Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole <br />cost and expense, provide all facilities and equipment that may be necessary to perform the services <br />required by this Agreement. City shall make available to Consultant only the facilities and equipment listed <br />in this section, and only under the terms and conditions set forth herein. <br /> <br />City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be <br />reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and <br />the information in possession of the City. The location, quantity, and time of furnishing those facilities shall <br />be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve