NSPA - Final SWIMS Storm Drain Inspections.pdf

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Non-Professional Services Agreement between January 12, 2023 City of San Leandro and SWIMS Page 3 of 16  The total number of hours of work performed under the Agreement by SWIMS and each employee, agent, and sub-Contractor of SWIMS performing services hereunder;  SWIMS’s signature;  SWIMS shall give separate notice to the City when the total number of hours worked by SWIMS and any individual employee, agent, or sub-Contractor of SWIMS reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between SWIMS and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between SWIMS and City, if applicable. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay SWIMS. 2.3 Reserved. 2.4 Total Payment. City shall pay for the services to be rendered by SWIMS pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by SWIMS in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall SWIMS submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Tiered Fees. Fees for work performed by SWIMS shall not exceed the tier amounts shown on the compensation schedule attached hereto as Exhibit A. 2.6 Reimbursable Expenses. Reimbursable expenses are not included in the total amount of compensation provided under this Agreement that shall not be exceeded. Expenses not listed in Exhibit A are not chargeable to City. 2.7 Payment of Taxes. SWIMS is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.8 Payment upon Termination. In the event that the City or SWIMS terminates this Agreement pursuant to Section 8, the City shall compensate the SWIMS for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. SWIMS shall maintain adequate logs and timesheets to verify costs incurred to that date. DocuSign Envelope ID: 3CF5F1DA-0970-4726-A2E8-F5B25AD4C567