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Page 7 of 27 <br />The compensation is payable following the end of each month upon submission by <br />Consultant of a monthly invoice setting forth the services performed in that month on behalf <br />of the Diversion Authority. Invoices shall be sent as required in Section 15 of this <br />Agreement. Invoices are due and payable within thirty (30) days of receipt. If a work order <br />issued under this Agreement contains a not-to-exceed compensation amount, the Diversion <br />Authority will only pay compensation to Consultant for fees and/or expenses that are less <br />than or equal to the not-to-exceed amount stated on the work order, unless the work order <br />has been amended pursuant to Section 8 of this Agreement. <br />A.Budget. Budgetary amounts, excluding taxes, will be established for each Task Order <br />executed under the Agreement. Consultant will make reasonable efforts to complete the <br />work within the budget and will keep the Diversion Authority informed of progress <br />toward that end so that the budget or work effort can be adjusted if found necessary. <br />Consultant is not obligated to incur costs beyond the indicated budgets, as may be <br />adjusted, nor is the Diversion Authority obligated to pay Consultant beyond these limits. <br />When any budget has been increased, Consultant’s costs expended prior to such increase <br />will be allowable to the same extent as if such costs had been incurred after the approved <br />increase. <br />B.Hourly Rates. Hourly rates are those hourly rates charged for work performed on the <br />Project by Consultant’s employees of the indicated classifications. These rates include <br />all allowances for salaries, overhead, and fees, but do not include allowances for <br />subcontracts or outside services allowed by this Agreement. <br />15.INVOICING AND PAYMENT. <br />A.Consultant must submit invoices to the Diversion Authority on the fifteenth (15th) day of <br />each month for all services provided and allowed expenses incurred during the preceding <br />month. Consultant’s Project Manager must personally review each invoice before it is <br />sent to the Diversion Authority to determine its accuracy and fairness, and to ensure the <br />invoice complies with the requirements in this Agreement. Each invoice will be entered <br />into the Aconex system and processed by the Diversion Authority for the following <br />month. <br />B.Consultant must submit each original invoice to: <br />Metro Flood Diversion Authority <br />c/o Nathan Boerboom <br />N.Boerboom@cityoffargo.com <br />C.Consultant’s invoices must be detailed and precise. Consultant’s invoices must clearly <br />indicate fees and expenses incurred for the current billing period month and include at <br />least the following information: <br />(1)Consultant’s name and address; <br />(2)Consultant’s federal employer identification number; <br />(3)Unique invoice number; <br />(4)Billing period;DRAFT