Common use of Compensation and Method of Payment Clause in Contracts

Compensation and Method of Payment. Payment under this contract is contingent upon the (City/Parish) receiving approval from the state for funds under the FY 20xx/20xx LCDBG program. CONSULTANT shall only be paid for services rendered under this agreement from funds allowed by the OCD for administrative costs under the provisions of the grant awarded to the (City/Parish). Payment will be made only on approval of the (City/Parish). CONSULTANT will not be entitled to any LCDBG reimbursement for pre-agreement costs and program administration either from the (City/Parish) or the state, if the (City/Parish) does not receive a grant award and an authorization to incur costs from the state's Office of Community Development. If the grant is awarded, reasonable pre-agreement costs as well as program administration costs will be allowed under the LCDBG Program. Upon the (City/Parish’s) receipt of an award of a grant and an authorization to incur costs letter from the state's Office of Community Development. The total amount of reimbursable costs to be paid CONSULTANT under this contract for program administration shall not exceed [dollar amount] Dollars ($00,000). This amount is considered to be the Cost Ceiling of this contract. CONSULTANT may not incur any costs in excess of this amount (except at its own risk) without the approval of the (City/Parish). CONSULTANT will only be paid for the time and effort needed to complete the actual scope of services required for this program; which may be less than the Cost Ceiling. The (City/Parish) shall retain 10 percent of CONSULTANT’s overall program administrative fees until the (City/Parish) receives a letter of conditional close out from the state, whereupon this retainage shall be paid to CONSULTANT. CONSULTANT will be compensated for travel in accordance with the state’s Policy and Procedures Memorandum Number 49. The CONSULTANT shall submit invoices to the (City/Parish) for payment. Each invoice submitted shall identify the specific contract task(s) or sub-task(s) listed in Part III, Scope of Services for payment according to the appropriate method listed below:

Compensation and Method of Payment. Payment under this contract is contingent upon ‌ The OPDC shall pay Contractor pursuant to the (City/Parish) receiving approval from rates specified in Exhibit A, which may be amended during the state term of the Contract by mutual assent of the parties. Payments shall be made in monthly installments by direct deposit into the account designated by Contractor. Compensation rates for funds under the FY 20xx/20xx LCDBG program. CONSULTANT shall only Attorney FTE will be paid for services rendered under this agreement from funds allowed determined by the OCD types of cases attorneys are qualified and agree to accept. All funds provided pursuant to this Contract are provided for administrative costs under the provisions sole purpose of provision of representational services to eligible clients of Contractor, the grant awarded to the (City/Parish)training and educational expenses associated with providing those services, and overhead costs. Payment will be made only on approval of the (City/Parish). CONSULTANT will Contractor shall not be entitled to any LCDBG reimbursement for pre-agreement costs and program administration either from the (City/Parish) or the state, if the (City/Parish) does not receive a grant award and an authorization to incur costs from the state's Office of Community Development. If the grant is awarded, reasonable pre-agreement costs as well as program administration costs will be allowed under the LCDBG Program. Upon the (City/Parish’s) receipt of an award of a grant and an authorization to incur costs letter from the state's Office of Community Development. The total amount of reimbursable costs to be paid CONSULTANT expend funds under this contract for program administration shall not exceed [dollar amount] Dollars ($00,000)work performed outside the scope of this contract; accept funds from anyone other than OPDC for work performed under the scope of this contract, except for grants or funds for work study, job experience, internships, or other such grants or funds; or solicit or accept payment from a client for representational services on a matter within the scope of services of this contract or on a matter which Contractor has been appointed by the court. In the event of Contractor failure to substantially comply with any items and conditions of this Contract or to provide in any manner the work or services as agreed to herein, the OPDC reserves the right to withhold any payment until corrective action has been taken or completed. This amount option is considered in addition to be and not in lieu of the Cost Ceiling OPDC's right to termination as provided in Section XV of this Contract. At the time this contract is executed, sufficient funds either are available within the Contract Authority’s current appropriation or are expected to become available to finance the costs of this contract. CONSULTANT However, payments under this contract are subject to the availability and appropriation of funds. The OPDC may modify, suspend, or terminate this contract if it reasonably determines that funds will not incur any be sufficient to pay anticipated costs in excess of this amount (except at its own risk) without the approval of the (City/Parish). CONSULTANT will only be paid for the time and effort needed to complete the actual scope of services required for this program; which may be less than the Cost Ceilingcontract. The (City/Parish) OPDC shall retain 10 percent of CONSULTANT’s overall program administrative fees until the (City/Parish) receives a letter of conditional close out from the state, whereupon this retainage shall be paid seek to CONSULTANT. CONSULTANT will be compensated for travel in accordance with the state’s Policy apportion expenditure reductions equally and Procedures Memorandum Number 49fairly among all public defense contract agencies. The CONSULTANT OPDC shall submit invoices seek first to modify the (City/Parish) for paymentcontract through negotiation with Contractor. Each invoice submitted shall identify In negotiating any modification, the specific parties will consider the funds available, the legal requirements to provide representation that satisfies state and federal constitutional rights to effective and adequate assistance of counsel, and the obligation of counsel to meet prevailing performance standards and rules of professional conduct. The OPDC may unilaterally suspend or terminate the contract task(s) or sub-task(s) listed in Part III, Scope of Services for payment according if the parties cannot agree to the appropriate method listed below:modification.

Compensation and Method of Payment. Payment under this contract is contingent upon the (City/Parish) receiving approval from the state for funds under the FY 20xx/20xx LCDBG program. CONSULTANT shall only Contractor will be paid for services rendered under this agreement from funds allowed by the OCD for administrative costs under the provisions performance of the grant awarded scope of services an amount that will be based upon actual costs but that will be “Capped” so as not to exceed $«Amount_of_Agreement», based upon the (City/Parish)scope of services in Schedule A and the budget by deliverable task and billing rates in Schedule A and or B. The maximum that will be charged for the entire scope of work will not exceed the Capped amount, even if the Contractor’s actual costs exceed the Capped amount. Invoices shall state a description of the deliverable completed and the amount due. Payment will be made only on approval due upon completion and acceptance of the deliverables as specified in the Scope of Services. OR Contractor will be paid for performance of the entire scope of work set forth in Schedule A an amount not to exceed $«Amount_of_Agreement» Payment(s) of the fee(s) or lump sum(s) stated in Schedule A for each of the deliverables, shall be due upon completion and acceptance of each of the deliverables, at which time Contractor shall submit an invoice. Invoices shall state a description of the deliverable completed and the amount due. OR Contractor will be paid for performance of the entire scope of work set forth in Schedule A an amount not to exceed $«Amount_of_Agreement». Payment at the rates stated in Schedule A, shall be due upon completion and acceptance of the services, at which time Contractor shall submit an invoice. Invoices shall state a description of the services completed and the amount due. In the aggregate, progress payments will not exceed ninety percent (City/Parish)90%) of the total amount of the contract, with the balance to be paid upon satisfactory completion of the contract. CONSULTANT Progress, or other payments, will be based on at least equivalent services rendered, and will not be entitled to made in advance of services rendered. In computing the amount of any LCDBG reimbursement progress payment (this includes any partial payment of the contract price during the progress of the work, even though the work is broken down into clearly identifiable stages, or separate tasks), the City will determine the amount that the contractor has earned during the period for pre-agreement costs and program administration either from which payment is being made, on the (City/Parish) or basis of the state, if the (City/Parish) does not receive a grant award and an authorization to incur costs from the state's Office of Community Development. If the grant is awarded, reasonable pre-agreement costs as well as program administration costs will be allowed under the LCDBG Program. Upon the (City/Parish’s) receipt of an award of a grant and an authorization to incur costs letter from the state's Office of Community Developmentcontract terms. The total City will retain out of such earnings an amount of reimbursable costs at least equal to be paid CONSULTANT under this contract for program administration shall not exceed [dollar amount] Dollars ten percent ($00,00010%). This amount is considered to be the Cost Ceiling of this contract. CONSULTANT may not incur any costs in excess of this amount (except at its own risk) without the approval , pending satisfactory completion of the (City/Parish). CONSULTANT will only be paid for the time and effort needed to complete the actual scope of services required for this program; which may be less than the Cost Ceiling. The (City/Parish) shall retain 10 percent of CONSULTANT’s overall program administrative fees until the (City/Parish) receives a letter of conditional close out from the state, whereupon this retainage shall be paid to CONSULTANT. CONSULTANT will be compensated for travel in accordance with the state’s Policy and Procedures Memorandum Number 49. The CONSULTANT shall submit invoices to the (City/Parish) for payment. Each invoice submitted shall identify the specific contract task(s) or sub-task(s) listed in Part III, Scope of Services for payment according to the appropriate method listed below:entire contract.

Compensation and Method of Payment. Payment under this [NOTE: The 1st paragraph and preferred method, a not to exceed amount with a cap, is w xxxxxx to assure that the City does not pay more than the Contractor’s actual costs, and in no event more than the cap even though the Contractor’s actual costs may exceed the cap. Other methods may be used as appropriate, as in the 2nd paragraph, a Lump sum or Deliverables-based firm-fixed price for the total project, in which the contractor is paid a set amount regardless of the costs actually incurred; or, as in the 3rd paragraph, Time & Materials, which provides for payment at an hourly rate plus cost reimbursement, with a ceiling on the total project or contract amount, with the contractor being able to stop work (and not complete the project) once the contract amount is contingent upon reached. Select the (City/Parish) receiving approval from appropriate paragraph. Contact the state for funds under City Attorney if you are not sure which compensation paragraph applies to your contract. Delete the FY 20xx/20xx LCDBG program. CONSULTANT shall only other two paragraph that are not in use.] Contractor will be paid for services rendered under this agreement from funds allowed by the OCD for administrative costs under the provisions performance of the grant awarded scope of services an amount that will be based upon actual costs but that will be “Capped” so as not to exceed $ , based upon the (City/Parish)scope of services in Schedule A and the budget by deliverable task and billing rates in Schedule A. The maximum that will be charged for the entire scope of work will not exceed the Capped amount, even if the Contractor’s actual costs exceed the Capped amount. Invoices shall state a description of the deliverable completed and the amount due. Payment will be made only on approval due upon completion and acceptance of the deliverables as specified in the Scope of Services. OR Contractor will be paid for performance of the entire scope of work set forth in Schedule A an amount not to exceed $ . Payment(s) of the fee(s) or lump sum(s) stated in Schedule A for each of the deliverables, shall be due upon completion and acceptance of each of the deliverables, at which time Contractor shall submit an invoice. Invoices shall state a description of the deliverable completed and the amount due. OR Contractor will be paid for performance of the entire scope of work set forth in Schedule A an amount not to exceed $ . Payment at the rates stated in Schedule A, shall be due upon completion and acceptance of the services, at which time Contractor shall submit an invoice. Invoices shall state a description of the services completed and the amount due. [Note: Include the two paragraphs below in all contracts.] In the aggregate, progress payments will not exceed ninety percent (City/Parish)90%) of the total amount of the contract, with the balance to be paid upon satisfactory completion of the contract. CONSULTANT Progress, or other payments, will be based on at least equivalent services rendered, and will not be entitled to made in advance of services rendered. In computing the amount of any LCDBG reimbursement progress payment (this includes any partial payment of the contract price during the progress of the work, even though the work is broken down into clearly identifiable stages, or separate tasks), the City will determine the amount that the contractor has earned during the period for pre-agreement costs and program administration either from which payment is being made, on the (City/Parish) or basis of the state, if the (City/Parish) does not receive a grant award and an authorization to incur costs from the state's Office of Community Development. If the grant is awarded, reasonable pre-agreement costs as well as program administration costs will be allowed under the LCDBG Program. Upon the (City/Parish’s) receipt of an award of a grant and an authorization to incur costs letter from the state's Office of Community Developmentcontract terms. The total City will retain out of such earnings an amount of reimbursable costs at least equal to be paid CONSULTANT under this contract for program administration shall not exceed [dollar amount] Dollars ten percent ($00,00010%). This amount is considered to be the Cost Ceiling of this contract. CONSULTANT may not incur any costs in excess of this amount (except at its own risk) without the approval , pending satisfactory completion of the (City/Parish). CONSULTANT will only be paid for the time and effort needed to complete the actual scope of services required for this program; which may be less than the Cost Ceiling. The (City/Parish) shall retain 10 percent of CONSULTANT’s overall program administrative fees until the (City/Parish) receives a letter of conditional close out from the state, whereupon this retainage shall be paid to CONSULTANT. CONSULTANT will be compensated for travel in accordance with the state’s Policy and Procedures Memorandum Number 49. The CONSULTANT shall submit invoices to the (City/Parish) for payment. Each invoice submitted shall identify the specific contract task(s) or sub-task(s) listed in Part III, Scope of Services for payment according to the appropriate method listed below:entire contract.

Compensation and Method of Payment. Payment under this [NOTE: The 1st paragraph and preferred method, a not to exceed amount with a cap, is written to assure that the City does not pay more than the Contractor’s actual costs, and in no event more than the cap even though the Contractor’s actual costs may exceed the cap. Other methods may be used as appropriate, as in the 2nd paragraph, a Lump sum or Deliverables-based firm-fixed price for the total project, in which the contractor is paid a set amount regardless of the costs actually incurred; or, as in the 3rd paragraph, Time & Materials, which provides for payment at an hourly rate plus cost reimbursement, with a ceiling on the total project or contract amount, with the contractor being able to stop work (and not complete the project) once the contract amount is contingent upon reached. Select the (City/Parish) receiving approval from appropriate paragraph. Contact the state for funds under City Attorney if you are not sure which compensation paragraph applies to your contract. Delete the FY 20xx/20xx LCDBG program. CONSULTANT shall only other two paragraph that are not in use.] Contractor will be paid for services rendered under this agreement from funds allowed by the OCD for administrative costs under the provisions performance of the grant awarded scope of services an amount that will be based upon actual costs but that will be “Capped” so as not to exceed $ , based upon the (City/Parish)scope of services in Schedule A and the budget by deliverable task and billing rates in Schedule A. The maximum that will be charged for the entire scope of work will not exceed the Capped amount, even if the Contractor’s actual costs exceed the Capped amount. Invoices shall state a description of the deliverable completed and the amount due. Payment will be made only on approval due upon completion and acceptance of the deliverables as specified in the Scope of Services. OR Contractor will be paid for performance of the entire scope of work set forth in Schedule A an amount not to exceed $ . Payment(s) of the fee(s) or lump sum(s) stated in Schedule A for each of the deliverables, shall be due upon completion and acceptance of each of the deliverables, at which time Contractor shall submit an invoice. Invoices shall state a description of the deliverable completed and the amount due. OR Contractor will be paid for performance of the entire scope of work set forth in Schedule A an amount not to exceed $ . Payment at the rates stated in Schedule A, shall be due upon completion and acceptance of the services, at which time Contractor shall submit an invoice. Invoices shall state a description of the services completed and the amount due. [Note: Include the two paragraphs below in all contracts.] In the aggregate, progress payments will not exceed ninety percent (City/Parish)90%) of the total amount of the contract, with the balance to be paid upon satisfactory completion of the contract. CONSULTANT Progress, or other payments, will be based on at least equivalent services rendered, and will not be entitled to made in advance of services rendered. In computing the amount of any LCDBG reimbursement progress payment (this includes any partial payment of the contract price during the progress of the work, even though the work is broken down into clearly identifiable stages, or separate tasks), the City will determine the amount that the contractor has earned during the period for pre-agreement costs and program administration either from which payment is being made, on the (City/Parish) or basis of the state, if the (City/Parish) does not receive a grant award and an authorization to incur costs from the state's Office of Community Development. If the grant is awarded, reasonable pre-agreement costs as well as program administration costs will be allowed under the LCDBG Program. Upon the (City/Parish’s) receipt of an award of a grant and an authorization to incur costs letter from the state's Office of Community Developmentcontract terms. The total City will retain out of such earnings an amount of reimbursable costs at least equal to be paid CONSULTANT under this contract for program administration shall not exceed [dollar amount] Dollars ten percent ($00,00010%). This amount is considered to be the Cost Ceiling of this contract. CONSULTANT may not incur any costs in excess of this amount (except at its own risk) without the approval , pending satisfactory completion of the (City/Parish). CONSULTANT will only be paid for the time and effort needed to complete the actual scope of services required for this program; which may be less than the Cost Ceiling. The (City/Parish) shall retain 10 percent of CONSULTANT’s overall program administrative fees until the (City/Parish) receives a letter of conditional close out from the state, whereupon this retainage shall be paid to CONSULTANT. CONSULTANT will be compensated for travel in accordance with the state’s Policy and Procedures Memorandum Number 49. The CONSULTANT shall submit invoices to the (City/Parish) for payment. Each invoice submitted shall identify the specific contract task(s) or sub-task(s) listed in Part III, Scope of Services for payment according to the appropriate method listed below:entire contract.

Compensation and Method of Payment. Payment under this [NOTE: The 1st paragraph and preferred method, a not to exceed amount with a cap, is written to assure that the City does not pay more than the Consultant’s actual costs, and in no event more than the cap even though the Consultant’s actual costs may exceed the cap. Other methods may be used as appropriate, as in the 2nd paragraph, a Lump sum or Deliverables-based firm-fixed price for the total project, in which the Consultant is paid a set amount regardless of the costs actually incurred; or, as in the 3rd paragraph, Time & Materials, which provides for payment at an hourly rate plus cost reimbursement, with a ceiling on the total project or contract amount, with the Consultant being able to stop work (and not complete the project) once the contract amount is contingent upon reached. Select the (City/Parish) receiving approval from appropriate paragraph. Contact the state for funds under City Attorney if you are not sure which compensation paragraph applies to your contract. Delete the FY 20xx/20xx LCDBG program. CONSULTANT shall only other two paragraphs that are not in use.] Consultant will be paid for services rendered under this agreement from funds allowed by the OCD for administrative costs under the provisions performance of the grant awarded scope of services an amount that will be based upon actual costs but that will be “Capped” so as not to exceed $ , based upon the (City/Parish)scope of services in Schedule A and the budget by deliverable task and billing rates in Schedule A. The maximum that will be charged for the entire scope of work will not exceed the Capped amount, even if the Consultant’s actual costs exceed the Capped amount. Invoices shall state a description of the deliverable completed and the amount due. Payment will be made only on approval due upon completion and acceptance of the deliverables as specified in the Scope of Services. OR Consultant will be paid for performance of the entire scope of work set forth in Schedule A an amount not to exceed $ . Payment(s) of the fee(s) or lump sum(s) stated in Schedule A for each of the deliverables, shall be due upon completion and acceptance of each of the deliverables, at which time Consultant shall submit an invoice. Invoices shall state a description of the deliverable completed and the amount due. OR Consultant will be paid for performance of the entire scope of work set forth in Schedule A an amount not to exceed $ . Payment at the rates stated in Schedule A, shall be due upon completion and acceptance of the services, at which time Consultant shall submit an invoice. Invoices shall state a description of the services completed and the amount due. [Note: Include the two paragraphs below in all contracts.] In the aggregate, progress payments will not exceed ninety percent (City/Parish)90%) of the total amount of the contract, with the balance to be paid upon satisfactory completion of the contract. CONSULTANT Progress, or other payments, will be based on at least equivalent services rendered, and will not be entitled to made in advance of services rendered. In computing the amount of any LCDBG reimbursement progress payment (this includes any partial payment of the contract price during the progress of the work, even though the work is broken down into clearly identifiable stages, or separate tasks), the City will determine the amount that the Consultant has earned during the period for pre-agreement costs and program administration either from which payment is being made, on the (City/Parish) or basis of the state, if the (City/Parish) does not receive a grant award and an authorization to incur costs from the state's Office of Community Development. If the grant is awarded, reasonable pre-agreement costs as well as program administration costs will be allowed under the LCDBG Program. Upon the (City/Parish’s) receipt of an award of a grant and an authorization to incur costs letter from the state's Office of Community Developmentcontract terms. The total City will retain out of such earnings an amount of reimbursable costs at least equal to be paid CONSULTANT under this contract for program administration shall not exceed [dollar amount] Dollars ten percent ($00,00010%). This amount is considered to be the Cost Ceiling of this contract. CONSULTANT may not incur any costs in excess of this amount (except at its own risk) without the approval , pending satisfactory completion of the (City/Parish). CONSULTANT will only be paid for the time and effort needed to complete the actual scope of services required for this program; which may be less than the Cost Ceiling. The (City/Parish) shall retain 10 percent of CONSULTANT’s overall program administrative fees until the (City/Parish) receives a letter of conditional close out from the state, whereupon this retainage shall be paid to CONSULTANT. CONSULTANT will be compensated for travel in accordance with the state’s Policy and Procedures Memorandum Number 49. The CONSULTANT shall submit invoices to the (City/Parish) for payment. Each invoice submitted shall identify the specific contract task(s) or sub-task(s) listed in Part III, Scope of Services for payment according to the appropriate method listed below:entire contract.

Compensation and Method of Payment. Payment under this contract is contingent upon the (City/Parish) receiving approval from the state for funds under the FY 20xx/20xx LCDBG program. CONSULTANT shall only be paid for services rendered under this agreement from funds allowed by the OCD OCD-LGA for administrative costs under the provisions of the grant awarded to the (City/Parish). Payment will be made only on approval of the (City/Parish). CONSULTANT will not be entitled to any LCDBG reimbursement for pre-agreement costs and program administration either from the (City/Parish) or the state, if the (City/Parish) does not receive a grant award and an authorization to incur costs from the state's Office of Community DevelopmentOCD-LGA. If the grant is awarded, reasonable pre-agreement costs as well as program administration costs will be allowed under the LCDBG Program. Upon the (City/Parish’s) receipt of an award of a grant and an authorization to incur costs letter from the state's Office of Community DevelopmentOCD-LGA. The total amount of reimbursable costs to be paid CONSULTANT under this contract for program administration shall not exceed [dollar amount] Dollars ($00,000). This amount is considered to be the Cost Ceiling of this contract. CONSULTANT may not incur any costs in excess of this amount (except at its own risk) without the approval of the (City/Parish). CONSULTANT will only be paid for the time and effort needed to complete the actual scope of services required for this program; which may be less than the Cost Ceiling. The (City/Parish) shall retain 10 percent of CONSULTANT’s overall program administrative fees until the (City/Parish) receives a letter of conditional close out from the state, whereupon this retainage shall be paid to CONSULTANT. CONSULTANT will be compensated for travel in accordance with the state’s Policy and Procedures Memorandum Number 49. The CONSULTANT shall submit invoices to the (City/Parish) for payment. Each invoice submitted shall identify the specific contract task(s) or sub-task(s) listed in Part III, Scope of Services for payment according to the appropriate method listed below: