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<br />Notwithstanding the foregoing, the combined total of compensation and <br /> <br />reimbursement of costs payable hereunder shall not exceed Seventy-eight <br /> <br />Thousand Two Hundred Fourteen and No/100 Dollars ($78,214.00) unless the <br /> <br />performance of services and/or reimbursement of costs and expenses in excess <br /> <br />of said amounts have been approved in advance of performing such services or <br /> <br />incurring such costs and expenses by City's City Council, evidenced by motion <br /> <br />duly made and carried. <br /> <br />Compensation and reimbursement of costs and expenses hereunder shall <br /> <br />be payable upon monthly billing therefor by Consultant to City, which billing shall <br /> <br />include an itemized statement, briefly describing by task and labor category or <br /> <br />cost/expense items billed. <br /> <br />Consultant acknowledges and agrees that payment of fees, costs and <br /> <br />expenses hereunder shall be contingent upon and subject to, payment thereof <br /> <br />by Developer pursuant to City's CEQA Regulations. <br /> <br />Consultant shall not <br /> <br />proceed with work hereunder, or any portion thereof, unless and until City shall <br /> <br />have received from Developer the estimated fees, costs and expenses <br /> <br />corresponding thereto. The parties acknowledge that as of the date hereof, <br /> <br />Developer has deposited with City an amount equal to Consultant's estimated <br /> <br />fees, costs and expenses set forth in Exhibit B. <br /> <br />3. ADDITIONAL SERVICES. In the event City desires the performance <br /> <br />of additional services not otherwise included within the services described in <br /> <br />Exhibit A, such services shall be authorized by written task order approved in <br /> <br />advance of the performance thereof by City's City Council by motion duly made <br /> <br />Agmt-045 <br />G : \s hared\Redwood\Counci I <br />DES:djk <br />03/03197 <br /> <br />3 <br />