Agmt19 Silicon Valley Clean Water

Browse Search

or other unavoidable delays occasioned by circumstances beyond City's control or as required by sound practices. City acknowledges the importance to Authority of the mutually agreed-upon schedules and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule. Authority acknowledges, however, that City's performance shall be governed by sound practices. 5. Time is of the Essence. Time is of the essence for each and every provision of this Agreement. 6. Compensation. Authority shall compensate City for the Services to be performed during the initial term of this Agreement at the hourly rate of One Hundred Fifty and No/100 Dollars ($150.00), not to exceed thirty (30) hours per month, and shall reimburse City for costs and expenses incurred by City in connection with the Services rendered on behalf of Authority. Reimbursement of costs and expenses not described in Exhibit A shall be approved in advance of incurring such costs and expenses by Authority's Manager. In the event Authority desires the performance of additional services not otherwise included within the Services described in Exhibit A or in excess of thirty (30) hours per month, such services shall be authorized by written task order approved in advance of the performance thereof by Authority's Manager if within Manager's authorization or by Authority's governing body (Commission) if outside Manager's authority by motion duly made and carried. Such task order shall include a description of the services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefore, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services. Except to the extent modified by a task order, all other terms and conditions of this Agreement shall be deemed incorporated in each such task order. No other compensation for the Services will be allowed except for items covered by the additional services procedure described above or by subsequent amendments to this Agreement. 6.1 Monthly invoices, for compensation and reimbursement of costs and expenses, will be submitted by City to Authority. Authority shall remit payment within thirty (30) days of receipt of monthly invoices submitted by City. 6.2 City shall maintain adequate records and shall permit inspection and audit by Authority of City's charges under this Agreement. City shall make such records available to Authority during normal business hours upon reasonable notice. Nothing herein shall convert such records into public records, and they will be available only to Authority and any specified public agencies. Such records shall be maintained by City for one (1) year following completion of the work under this Agreement unless a longer period of time is required by state or federal law, in which event City shall retain its records for the time required by such laws. 6.3. The payment made to City pursuant to the Agreement will be the full and complete compensation to which City is entitled. Authority will not make any federal or ATN/AGR/2019.188/SILICON VALLEY CLEAN WATER REV: 06-28-19 PR Page 2 of 10