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<br />Consulting Services Agreement between City of San Leandro and Last revised June 26, 2020 <br />Ethosoft, Inc. for Laboratory Information Management System Page 2 of 16 <br />currently registered and qualified to perform public work pursuant to California Labor Code <br />section 1725.5. It is not a violation of this section for an unregistered contractor to submit a <br />bid that is authorized by Section 7029.1 of the Business and Professions Code or by <br />Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is <br />registered to perform public work pursuant to Section 1725.5 at the time the contract is <br />awarded. No contractor or subcontractor may be awarded a contract for public work on a <br />public works project unless registered with the Department of Industrial Relations pursuant <br />to California Labor Code section 1725.5. Consultant agrees, in accordance with Section <br />1771.4 of the California Labor Code, that if the work under this Agreement qualifies as <br />public work, it is subject to compliance monitoring and enforcement by the Department of <br />Industrial Relations. <br /> <br /> <br />Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $54,305, <br />notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be <br />performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this <br />Agreement and Consultant’s proposal, attache d as Exhibit B, regarding the amount of compensation, the <br />Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the <br />time and in the manner set forth herein. The payments specified below shall be the only payments from <br />City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to <br />City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall <br />not bill City for duplicate services 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, <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 employe es, agents, and subcontractors may be eligible. City <br />therefore has no responsibility for such contributions beyond compensation required under this Agreement. <br /> <br /> <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 /> <br /> Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; <br /> <br /> The beginning and ending dates of the billing period; <br /> <br /> A Task Summary containing the original contract amount, the amount of prior billings, <br />the total due this period, the balance available under the Agreement, and the <br />percentage of completion; <br /> <br /> At City’s option, for each work item in each task, a copy of the applicable time entries <br />or time sheets shall be submitted showing the name of the person doing the work, the <br />DocuSign Envelope ID: 0FAAC8A1-7B66-41D1-8DBF-9ED853BC0612