Laserfiche WebLink
Scope of Work and Timing of Performance attached hereto as Exhibit A and incorporated herein <br /> by reference. <br /> B. Time of Performance. Consultant shall perform its services in accordance <br /> with the schedule attached hereto as Exhibit A. Any changes to these dates shall be approved in <br /> writing by the City. <br /> C. Standard of Quality. City relies upon the professional ability of Consultant <br /> as a material inducement to entering into this Agreement. All work performed by Consultant under <br /> this Agreement shall be performed 1 ) with due diligence, using its best efforts to perform and <br /> coordinate all activities in a timely manner; 2) in accordance with all applicable legal requirements; <br /> and 3) with the standard of quality ordinarily to be expected of competent professionals in <br /> Consultant's field of expertise. Consultant shall correct, at its own expense, all errors made in the <br /> provision of services under this Agreement. In the event that Consultant fail to make such <br /> correction in a timely manner, City may make the correction and charge the cost thereof to <br /> Consultant. <br /> 4. Compensation and Method of Payment. <br /> A. Compensation. The parties agree that any fees, costs, or expenses incurred <br /> by Consultant for work performed pursuant to the Burke Agreement are to be treated as though <br /> those fees, costs, or expenses were incurred under this Agreement; Burke shall not be liable for <br /> any fees, costs, or expenses for work performed pursuant to the Burke Agreement. The <br /> compensation to be paid to Consultant, including both payment for professional services and <br /> reimbursable expenses provided for directly under this Agreement shall be at the rate and schedules <br /> more particularly described in Exhibit B., attached hereto and incorporated by this reference. <br /> However, in no event shall the amount City pays to Consultant for services provided directly under <br /> this Agreement exceed three hundred eleven thousand six hundred sixty eight dollars ($311 ,668). <br /> City's obligation to pay compensation to Consultant as provided herein is contingent upon <br /> Consultant's compliance with the terms and conditions of this Agreement and any amendments <br /> thereto. Payment by City under this Agreement shall not be deemed a waiver of unsatisfactory <br /> work, even if such defects were known to the City at the time of payment. City shall pay Consultant <br /> as compensation in full for such services and expenses for the different elements of the scope of <br /> work as follows: <br /> B. Timing of Payment. Consultant shall submit itemized monthly statements <br /> for work performed. All statements shall include adequate documentation demonstrating work <br /> performed during the billing period and shall conform to Federal Funding invoicing requirements, <br /> if applicable. Except as otherwise provided herein, City shall make payment, in full, within thirty <br /> (30) days after approval of the invoice by City. Payments due and payable to Consultant for current <br /> services must be within the current budget and within an available, unexhausted and <br /> unencumbered appropriation of the City. In the event the City has not appropriated sufficient funds <br /> for payment of Consultant services beyond the current fiscal year, this Agreement shall cover only <br /> those costs incurred up to the conclusion of the current fiscal year; payment for additional work is <br /> conditional upon future City appropriation. <br /> C. Changes in Compensation. Consultant will not undertake any work that will <br /> ATTY/AGR/2016.250/RELOCATION ASSISTANCE CONSULTANT AGREEMENT <br /> REV: 09-07-16 VR <br /> Page 2 of 18 <br />