AgdaPkt 2004-02-09 - Laserfiche WebLink

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provision of this Agreement. 6. Compensation. Special Counsel shall be compensated by City for the performance of such Services at the rates shown on Exhibit "A." Notwithstanding the foregoing, the combined total nf compensation and costs or reimbursable expenses payable hereunder shall not exceed the sum cf eighty thousand dollars ($80,000.00) for the te.,i of this Agreement. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. 7. Reimbursable Expenses. Special Counsel shall be entitled to reimbursement for all reasonable and necessary expenses incurred by it in the performance of the Services under this Agreement. Reimbursable expenses to which Special Counsel shall be entitled shall include, but not be limited to, duplication costs; mileage in amounts as authorized for City officers or employees; telephone, and telecommunications costs; extraordinary mail costs; messenger service; and other costs customarily made as part of the performance of the Services by Special Counsel, the specific costs of which are shown on Exhibit "B." Travel outside San Francisco/San Mateo County will require prior approval by City Attomey. City does not pay or reimburse for word processing charges. Word processing charges include per page or hourly charges. 8. Advancement of Costs. Special Counsel will advance expenses and costs incurred on behalf of the City under this Agreement in an amount not exceeding $250.00 per month. If costs will exceed $250.00 per month, costs in excess of this total shall be paid directly by the City or shall be advanced to Special Counsel pursuant to a separate letter agreement which the City Attomey is authorized to execute on behalf of the City. 9. Payment for Services. Special Counsel shall submit itemized monthly invoices to the City accounting for all services provided and costs incurred pursuant to the terms of this Agreement. Each monthly invoice shall bill in .10 hour increments and shall include the total hours performed to date. Minimum billing requirements are unacceptable to the City and invoice shall charge only for actual time spent. Payment will occur only after receipt by City of invoices sufficiently detailed that clearly set forth by date, the type of work performed, the specific subject of work performed or legal research performed, and the time spent on a task. Payment to Special Counsel shall be made by City within thirty (30) days of receipt of the invoice, except for those specific items on the invoice which are contested or questioned and returned by City, with written explanation, within thirty (30) days of receipt of the invoice. Special Counsel shall provide to City, a written response to any statement contested or questioned and further, upon request of City, provide City with any and all documents related to the service or costs. No charge shall be made for time expended in providing this information to the City. 10. Status of Special Counsel. Special Counsel will perform the Services in Special Counsel's own way as an independent contractor and in pursuit of Special Counsel's independent calling, and not as an employee of City. The persons used by Special Counsel to provide services under this Agreement will not be considered employees of City for any purposes. 2 1076903.2