R2003-88 AUTHORIZING THE EXECUTION OF CONSULTING SERVICES AGREEMENT

Home Browse Search

� 2.5 Charges for Services provided by CONSiJLTANT's approved water quality laboratory will be in accordance with the published laboratory fee schedule in effect at the time the services are furnished. 2.6 CLIENT will pay CONSiTLTANT additional compensation for labor and expenses incurred by CONSLJLTANT in responding to or and assisting with any audit required by CLIENT, or any federal, state and local government agencies. The basis of payment will be CONSiJLTANT's normal commercial rate for such services unless otherwise defined by an amendment to this Agreement. 3 INVOICING AND PAYMENT 3.1 CONSiJLTANT shall submit its standard monthly invoice describing the Services performed and i expenses incurred during the preceding month. CLIENT shall make payment of all undisputed portions of such invoice and provide written justification for the withholding of any disputed portions to CONSULTANT within 30 calendar days after receipt of CONSLTLTANT's monthly invoice. 3.2 CLIENT agrees that timely payment is a material term of this Agreement, and failure to make timely payment as agreed constitutes a material breach hereof. Payment of all Compensation due CONSLTLTANT pursuant to this Agreement shall be a condition precedent to CLIENT's use or reliance upon any of CONSiJLTANT's professional services or work products furnished under this Agreement. 3.3 In the event payment for the Services has not been made within 60 calendar days from the date of the invoice, CONSULTANT may, after giving 7 calendar days written notice and without penalty or liability of any nature, and without waiving any claim against CLIENT, suspend all or any part of the Services. In order to defray carrying charges resulting from delayed payments, simple interest at the rate of 1.5°Io per month (18% per annum), not to exceed the maximum rate allowed by law, shall be added to the unpaid balance of each invoice. The interest period shall commence 30 calendar days after the date of the invoice. Payments shall first be credited to interest and then to principal. 4 PERIOD OF PERFORMANCE 4.1 This Agreement shall have an effective date as set forth above and shall remain in effect until April 30, 2006 unless ternunated earlier pursuant to this Agreement. 5 CLIENT'S RESPONSIBILITIES 5.1 CLIENT shall designate in writing a person to act as CLIENT's representative with respect to this Agreement. Such person will have complete authority to transmit instructions, receive information and interpret and define CLIENT's policies and decisions. 5.2 CLIENT shall furnish to CONSULTANT all technical data in CLIENT's possession or control which CLIENT may lawfully release, including but not limited to, maps, surveys, drawings, soils or geotechnical reports, and any other information relating to the Services and requested by CONSULTANT. CLIENT shall also disclose to CONSUI.TANT hazards at the project site ("Site") which pose a significant threat to human health or the environment. CONSiTLTANT shall be entitled to reasonably rely upon the information provided by CLIENT, CLIENT's representatives, or from generally accepted sources without independent verification except to the extent such verification is expressly included in the scope of Services. 5.3 CLIENT shall examine all studies, reports, sketches, drawings, specifications, and other documents presented by CONSiJLTANT, seek legal advice, the advice of an insurance counselor, or other consultant(s), as CLIENT deems appropriate for such examination. If any document requires CLIENT to 2 � Consulting Services(CPFF)(Rev. 1-14-2003) �