R2024-111 Resolution Authorizing an Agreement with Ecosystem Services Exchange, for Services with the Regional Conservation Partnership Program

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G. FEDERAL FUNDING If Federal funds are utilized as a source of Project funding,the Contractor/Consultant shall abide by the terms of all Federal requirements in the performance of duties hereunder. H. INDEPENDENT CONTRACTOR STATUS Nothing contained in this Agreement shall be construed to make the Contractor/Consultant an employee or partner of the City. The Contractor/Consultant shall at all times hereunder be construed to be an independent contractor. E. EQUAL EMPLOYMENT OPPORTUNITY. The Contractor/Consultant agrees to abide by and comply with the City's Equal Employment Opportunity Clause attached as Exhibit B,attached and incorporated by reference herein and made a part of this Agreement hereof SECTION 4. PAYMENT A. AMOUNT. Payment for services under this Agreement shall be no more than four hundred sixty nine thousand and seven hundred and ninety two dollars and fifty two cents($469,792.52). B. METHOD OF COMPENSATION. The basis for compensation shall be the lump sum amount shown above in paragraph 4(A)dispersed through payments to ESE for each completed DIA 164s in the project according to the indicated reimbursement amount for a DIA 164"with tile map"or"without tile map"as shown in Exhibit C, attached and incorporated by reference herein and made a part of this Agreement hereof,with a fixed upper limit as noted above in paragraph 4(A). C. REIMBURSABLE EXPENSES Reimbursable Expenses means the actual expenses incurred directly or indirectly in connection with the work including but not limited to transportation and subsistence,toll telephone calls,reproduction of printing and outside consultants. These are not applicable for this agreement as Ecosystem Services Exchange will complete all DIA 164s at the applicable dollar amounts shown in Exhibit C. D. INVOICE Monthly invoices for reimbursable expenses may be submitted to the City based upon the completion of DIA 164s at the time of billing and not previously invoiced. Invoices shall include a description of work completed,work remaining to be completed and the percentage completed based on the scope of work. Each invoice shall be accompanied by an Invoice Data Sheet as shown in Exhibit D,attached and incorporated by reference herein and made a part of this Agreement hereof. If the Contractor/Consultant prefers,the Invoice Data sheet may serve as the Consultant/Contractor's invoice. E. TIME OF PAYMENT Unless provided for otherwise,payments for professional services will be due and payable upon the receipt of the invoice for services and reimbursable expenses.