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benesch <br /> STANDARD TERMS AND CONDITIONS <br /> SECTION 1 —Services by Consultant time from Consultant's office to an assigned work site,and <br /> 1.1 General return to Consultant's office, is chargeable time;or if more <br /> Consultant shall provide services under this Agreement economical for Client, Consultant shall lodge its personnel <br /> only upon request of the Client, and only to the extent overnight near the work site in lieu of traveling back to <br /> defined and required by the Client. These services may Consultant's office at the end of each work day. <br /> include the use of outside services, outside testing 2.2.3 Overtime Rates <br /> laboratories,ands special The basis for payment to Consultant for each hour worked <br /> p equipment. in excess of forty(40)hours in any calendar week shall be <br /> Attachments to this Agreement are as identified on the the applicable hourly rate as specified in the Schedule of <br /> Unit Rates. <br /> signature page to this Agreement or using serially <br /> numbered Work Authorizations, and with these GENERAL 2.3 Payment for Direct Expenses <br /> CONDITIONS,are all as attached hereto,and made a part Payment <br /> of this Agreement. For Direct Expenses incurred by Consultant, payment to <br /> 1.2 Scope of Services and Fees Consultant by the Client shall be in accordance with <br /> The services to be performed by Consultant and the Consultant's Schedule of Unit Rates. <br /> associated fee are attached hereto and made a part of this 2.3.2 Direct Expenses <br /> Agreement or by using serially numbered Work For the purposes of this Agreement,Direct Expenses to be <br /> Authorizations,all as identified on the signature page to this contracted and managed by Consultant and payable by <br /> Agreement, and shall be performed by the Consultant in Client to Consultant shall include: Outside Services <br /> accordance with the Client's requirements. The Scope of including the services and reimbursable expenses for firms <br /> Services and Fee Estimate(Attachment A)is valid for sixty other than Consultant which are necessary for the work the <br /> (60) days, after which Consultant reserves the right to Consultant is directed to perform; Laboratory Tests and <br /> revise the Scope or Fee Estimate. related reports necessary for the work the Consultant is <br /> directed to perform, either by the Consultant or by an <br /> It is mutually understood that Consultant's fee is not a firm outside service for the Consultant; Special Equipment <br /> contractual amount, except the total fee by the Consultant expenses including the costs of the Consultant locating, <br /> shall not be exceeded unless authorized in writing by the acquiring, leasing,or renting any equipment or facilities not <br /> Client. The intent of the Scope of Services is to identify the currently owned,leased,or rented by Consultant at the time <br /> services to bprovided y Consultant.ervie However, it is of the request for services which are necessary to enable <br /> specifically understood that by written notice to Consultant, Consultant to provide the services requested; vehicles <br /> Client can decrease or, with concurrence of Consultant, furnished by Consultant for Consultant's authorized travels <br /> increase the Scope of Services. and for Consultant's field personnel; Per Diem expense or <br /> actual costs of maintaining Consultant's field personnel on <br /> SECTION 2—Payments to Consultant or near the Project site, for each day of field assignment <br /> y away from Consultant's office;and Other Direct Expenses <br /> 2.1 Method of Payment associated with all services provided hereunder and <br /> Payment for Consultant's personnel services and direct identified in the Schedule of Unit Rates. <br /> expenses shall be based on the Method of Payment which <br /> is identified on the signature page to this Agreement or 2.4 Payment Conditions <br /> serially numbered Work Authorizations, attached hereto, 2.4.1 Consultant shall submit monthly invoices for <br /> and made a part of this Agreement. all personnel services and direct expenses under this <br /> Agreement and a final invoice upon completion of services. <br /> 2.2 Payment for Personnel Services 2.4.2 Invoices are due and payable upon receipt <br /> j, Payment by Client. Interest at a rate of 1.5% per month, or the <br /> Payment for the services rendered by Consultant's maximum allowed by law, will be charged on all past due <br /> personnel shall be based on the hours of chargeable time amounts starting thirty (30) days after date of invoice. <br /> and in accordance with Consultant's Schedule of Unit Payments will first be credited to interest and then to <br /> Rates, which is identified on the signature page to this principal. <br /> Agreement and attached hereto, and made a part of this 2.4.3 In the event of a disputed or contested <br /> Agreement. invoice, Client must provide written notice to Consultant <br /> 2.2.2 Chargeable Time within ten(10)days of the date of any invoice,otherwise the <br /> Chargeable time for Consultant's personnel is that portion invoice will be considered to be correct. In the event Client <br /> of their time devoted to providing services requested by timely submits in writing a dispute on a particular invoice, <br /> Client. Chargeable time for field personnel located away only that portion so contested will be withheld from payment <br /> from Consultant's office for more than one week is a and the Client will pay the undisputed portion. No interest <br /> minimum of eight hours per day and five days per calendar will accrue on any reasonably contested portion of the <br /> week, except for Consultant observed legal holidays or invoice until mutually resolved. <br /> during an employee's sick leave or vacation time. Travel <br /> Lee Co Parks&Rec Consulting Agnnnt <br /> February 2021 <br />