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. 4.1 Compensation for the services provided by Contractor to the NMCRA shall be based on the fee provided in each Scope of Work, which fee shall be a guaranteed “not to exceed” fee (the “Fee”). Each Fee represents and contains all amounts due and payable for the services provided by Contractor as set forth in the Scope of Work including any out of pocket and third party costs which may be incurred and/or paid by Contractor. Payment under by the NMCRA of the Fee for the Scope of Work performed shall be deemed full compensation to the Contractor for the performance of this contract is contingent Agreement. In the event additional labor, materials, costs or expenses are necessary to complete the Scope of Work in excess of the Fee, such amounts shall be the sole responsibility of Contractor; it being acknowledged and agreed that the not to exceed amount for the Scope of the Work shall be the maximum amount the NMCRA shall be required to pay for the Scope of Work unless the such amount was increased or decreased by a change order pursuant to Section 5 below. 4.1.1 Notwithstanding the foregoing, the NMCRA may, in its sole discretion, approve the payment of unforeseen additional costs that are above those approved in the Scope of Work. The Contractor may not perform any such additional work nor increase any costs without first obtaining the prior written consent of the NMCRA in each instance. If the Contractor performs any such additional work and/or increases any costs without the prior written approval of the NMCRA, the Contractor shall be solely responsible for the payment of said additional work and/or increased costs. 4.2 Contractor shall submit to the NMCRA written invoices upon completion of each task listed in the (City/Parish) receiving approval Cost Proposal from the state for funds under the FY 20xx/20xx LCDBG programContractor’s proposal no more often than on a monthly basis. CONSULTANT Each invoice shall only be paid include a detailed billing statement for services rendered under this agreement from funds allowed and any other supporting documentation as reasonably requested by the OCD NMCRA. Notwithstanding the foregoing, as a condition to each progress payment, the Contractor shall have furnished NMCRA with a partial lien waiver and release signed by Contractor, conditioned upon payment, for administrative costs under all work performed that is included in the current invoice, in the form set forth in Florida Statutes Chapter 713, and shall have furnished NMCRA with partial lien waivers and releases signed by all persons or entities giving Notice to Owner for the furnishing any labor or material, equipment, services, and materials for the Project and for all work performed by same that is included in the respective prior invoice. With respect to the procedures for payment, the NMCRA and Contractor agree to comply with and be bound by the provisions of Part VII, Chapter 218, Florida Statutes, entitled the grant awarded Local Government Prompt Payment Act. 4.3 There shall be ten percent (10%) retainage held on all subcontracts, labor costs and the Contractor’s fee until fifty percent (50%) completion of the Scope of Work. After 50% completion of the Scope of Work and prior to final payment, there shall be a five percent (5%) retainage held on all subcontracts, labor costs and the Contractor’s fee; provided, however, there shall be no retainage on material suppliers. The NMCRA may retain amounts greater than those set forth above that are the subject of a good faith dispute pursuant to Federal Statute 255.078(6), the subject of a claim brought pursuant to Section 255.05, Florida Statutes, or otherwise the subject of a claim or demand by the NMCRA or Contractor. 4.4 Final payment, constituting the entire unpaid balance of the amount owed to Contractor including retainage, shall be made by the NMCRA to the Contractor following Final Completion and when: (City/Parish)a) the Contractor has fully performed the Scope of Work and the CRA has accepted the Scope of Work including all punch list items and correction of any defects identified by the CRA; (b) a final certificate of occupancy or its equivalent has been issued by the applicable governmental authorities; and (c) a final invoice has been submitted by Contractor and reviewed and approved by the NMCRA. Payment will Notwithstanding the foregoing or anything in this Agreement to the contrary, neither any progress payment or the final payment shall be made only on approval due or owing to the Contractor until all 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 requirements 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 Agreement 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 stateChapter 713, 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 IIIFlorida Statutes, Scope of Services for payment according to the appropriate method listed below:have been satisfied.

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 A. The Contractor shall, not later than March 15 of each year, or such later time as agreed to by the City, submit to the Downtown Business Improvement District Advisory Board, (as established under O.P.M.C. 2.14.0540,) an annual budget for the Contractor’s operations and its performance of the Scope of Services and any other requirements under this contract is contingent Contract in the format used by the City for the following calendar year. Said budget shall be reviewed and amended or approved by the Downtown Business Improvement District Advisory Board prior to submission to the City’s Governing Body of the City for amendment and/or approval. The Contractor shall expend funds collected through the business BID service fee in accordance with the Budget Detail for Calendar Year 20112012 as submitted to and approved by the Governing Body. The budget shall not be amended in a manner that imposes the obligation upon the (Contractor to provide other services than those proposed in the budget submitted by the Contractor. Submission to the Cityof the budget for review by the Business Improvement District Advisory Board and the Governing Body shall be in accordance with the City/Parish) receiving approval ’s budget development process and schedule. B. The City hereby agrees to compensate the Contractor in an amount equal to the reasonable and prudent costs of the services described in the approved budget. The total compensation by the City shall be limited to the amount collected from the state for funds under the FY 20xx/20xx LCDBG programBID service fees and any grant determined to be appropriate. CONSULTANT Payments shall only be paid for services rendered under this agreement from funds allowed made in a minimum of three (3) increments (usually in March, July, and December) in amounts corresponding to those monies collected by the OCD for administrative costs under City in the provisions of the grant awarded to the (City/Parish)previous three- month period. Payment Payments will be made upon written request by the Contractor, but no later than the 15th day of the above refrencedreferenced month. C. It is expressly understood and agreed that, notwithstanding any budget which may be approved for the Contractor, the City is under no obligation to provide the full amount of such budgeted funds to the Contractor. The City is only on obligated to pay to the Contractor those funds which are received by the City as BID service fees under the annual levy made upon those within the Downtown Business Improvement District. Any excess amount shall not be paid over to the City's general fund but shall be held in a separate account by the Contractor for future use hereunder. The Contractor shall be responsible for payments of all costs and expenses exceeding the amount of the service fees actually collected by the City. D. The City may, upon approval of the (City/Parish)City CouncilGoverning Body, also provide an annual grant to supplement the annual amount of BID service fees collected. 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 This 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 amount will be allowed under approved by the LCDBG Program. Upon Governing Body during the (City/Parish’s) receipt of an award of a grant ’s annual budget process and an authorization to incur costs letter from the state's Office of Community Developmentmay be increased or decreased. The total amount of reimbursable costs the grant will be based on the proven need of the Contractor to be paid CONSULTANT fullfillfulfill its obligations and responsibilities 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: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 for administrative costs under the provisions 4.1 In consideration of the grant awarded to the (City/Parish). Payment will be made only on approval satisfactory performance of the (City/Parish). CONSULTANT will not be entitled to any LCDBG reimbursement for pre-agreement costs and program administration either from work set forth in this Contract, the (City/Parish) or Department shall pay 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 Contractor in accordance with the stateterms of the RFP, especially § 3.3, and the Contractor’s Policy Financial Proposal. Except if increased via a Contract modification that is signed by both parties to this Contract and Procedures Memorandum Number 49. The CONSULTANT shall submit invoices which has received all required State approvals, payment to the Contractor pursuant to this Contract shall not exceed $ . 4.2 Payments to the Contractor shall be made no later than thirty (City/Parish30) days after the Department’s receipt of a proper invoice for paymentservices provided by the Contractor, acceptance by the Department of services provided by the Contractor, and pursuant to the conditions outlined in Section 4 of this Contract. Each invoice for services rendered must include the Contractor’s Federal Tax Identification Number which is . Charges for late payment of invoices other than as prescribed by Title 15, Subtitle 1, of the State Finance and Procurement Article, Annotated Code of Maryland, as from time- to-time amended, are prohibited. Invoices should be 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:Department Contract Manager. Electronic funds transfer will be used by the State to pay Contractor under this Contract and any other State payments due Contractor, unless the State Comptroller’s Office grants Contractor an exemption. The final payment under this Contract will not be made until after certification is received from the Comptroller of the State that all taxes have been paid. 4.3 In addition to any other available remedies, if, in the opinion of the Procurement Officer, the Contractor fails to perform in a satisfactory and timely manner, the Procurement Officer may refuse or limit approval of any invoice for payment, and may cause payments to the Contractor to be reduced, or withheld until such time as the Contractor meets performance standards as established by the Procurement Officer. The Department may adjust payment to the Contractor to cover damages. 4.4 The Contractor shall not be responsible for damages to the extent that the damages are directly the result of acts or omissions by the State’s employees. Each party shall bear responsibility for the damages directly caused by their acts or omissions. 4.5 Payment of an invoice by the Department, including but not limited to payment of an invoice for liquidated damages as provided in Section 5, is not evidence that services were rendered as required under this 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 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. 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. 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 contract is contingent upon the (City/Parisha) receiving approval from the state for funds under the FY 20xx/20xx LCDBG program. CONSULTANT shall only be paid for For services satisfactorily rendered under this agreement Contract and approved by CITY, the CITY agrees to pay the CONTRACTOR for fulfillment of the terms and conditions of this Contract in the amount of twenty four thousand dollars and no cents ($24,000.00) as specified in the specifications and bid documents. Such payment shall, if due, be made monthly at the end of each calendar month, but in no case later than forty-five (45) days after the acceptance by CITY that the estimate and terms of the contract providing for partial payment have been fulfilled. In preparing estimates, the material delivered on the site, materials suitably store, and insured off- site, and preparatory work done may be taken into consideration by CITY. If the amount due by CITY is not in dispute and the amount payable is not paid within the forty-five (45) day period, the CONTRACTOR shall be entitled to interest from funds allowed CITY at the rate assessed for underpayment of taxes under Section 40-1-44(a), Code of Alabama 1975, on the unpaid balance due. Interest payments shall not be due on payments made after the forty-five (45) day period because of administrative or processing delays at the close of the fiscal year. In making the partial payments, there shall be retained not more than five percent (5%) of the estimated amount of work done and the value of materials stored on the site or suitably stored and insured off-site, and after fifty percent (50%) completion has been accomplished and approved by CITY, no further retainage shall be withheld. The retainage as set out herein shall be held until final completion and acceptance of all work covered by the OCD for administrative costs under contract. Retainage shall be held until all work has been completed to CITY's satisfaction. The CONTRACTOR immediately after the provisions completion of the grant awarded contract give notice in writing to the (City/Parish)CITY. Payment Upon completion and acceptance by CITY of the work, final settlement will be made only on approval of as the same is due. (City/Parish). CONSULTANT will not be entitled to any LCDBG reimbursement for pre-agreement costs and program administration either from b) PROVISIONS OUTLINING THE SOURCE OF SUFFICIENT FUNDS TO BE UTILIZED BY CITY TO FULFILL CITY'S OBLIGATIONS UNDER THIS CONTRACT (indicate which applies by entering an appropriate mark opposite 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:following):

Compensation and Method of Payment. Payment under this contract is contingent upon A. The Owner shall pay the (City/Parish) receiving approval from Contractor a Contract Sum not to exceed $ ,inclusive of all New Mexico gross receipts taxes, and as detailed in the state for funds under Schedule of Values included as Exhibit 2. The Schedule of Values shall allocate the FY 20xx/20xx LCDBG program. CONSULTANT shall only be paid for services rendered under this agreement from funds allowed by Contract Sum among the OCD for administrative costs under the provisions various portions of the grant awarded to the (City/Parish)Work. Payment will be made only upon completion of ”Work”, as determined by the LAHP. Contractor shall invoice for payment for ”Work” on forms as determined by the LAHP. B. Based upon draw requests submitted to LAHP by the Contractor, LAHP may make progress payments to the Contractor. The period covered by each draw request shall be one calendar month. LAHP shall make payments within fifteen (15) business days after receipt and approval of all information required for the (City/Parish). CONSULTANT will draw request, which shall include but may not be entitled limited to any LCDBG reimbursement the following: (1) Inspection and Acceptance of ”Work” by the LAHP. (2) Inspections and Acceptance of ”Work” by all public authorities having jurisdiction. (3) Acceptance of ”Work” by the Owner. (4) Release of Liens for preall applicable persons or entities on form provided by LAHP, to be signed by the Contractor. (5) LAHP-agreement provided draw request form signed by the Contractor and approved by LAHP in its sole discretion, itemizing the percentage completion of the Work and the associated costs in the amounts set forth in the Schedule of Values. C. When the Work reaches Substantial Completion, the Owner and program administration either from LAHP shall inspect the Work and mutually agree on a punch list of items remaining to be completed. Contractor shall then submit a final draw request which sets forth all amounts due and remaining unpaid, minus one hundred fifty percent (City/Parish150%) or of the statevalue of the punch list items remaining to be completed, if in the sole discretion of the LAHP. Within twenty (City/Parish20) does not receive a grant award business days after receipt and an authorization to incur costs from approval of all information required for the state's Office final draw request, LAHP shall make payment. Punch list items shall be completed by Contractor within fifteen (15) business days after submittal of Community Developmentthe final draw request. If Within five business (5) days of Contractor’s completion and Owner and LAHP acceptance of the grant is awardedpunch list items, reasonable pre-agreement costs as well as program administration costs will be allowed Owner shall pay Contractor the remaining amount due under the LCDBG Program. Upon the (City/Parish’s) receipt Contract and issue a Notice 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 Completion 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:Contractor.

Compensation and Method of Payment. Payment A. For services provided under this contract contract, COUNTY shall pay CONTRACTOR $******* annually, for the period of ************ through ***********, paid in monthly installments of $********, payable within 30 days of the month following the month in which services are provided. Payments shall be made upon claims submitted on the standard County claim form, which shall be submitted to the Finance Director by the first Monday of each month for the prior month’s services. B. The compensation payable under this section IX is contingent upon the (City/Parish) receiving approval from maximum amount which COUNTY must pay under this Contract, and the state CONTRACTOR shall assume and pay all other expenses incurred in the performance of this Contract. The CONTRACTOR represents that CONTRACTOR is informed and has made its own independent investigation of the facts and circumstances surrounding the provision of public defense services in Mono County, including its own experience in providing such services and the issues involving the administration of this contract. The CONTRACTOR and COUNTY acknowledge that many factors outside the control of the parties can affect the ability of the CONTRACTOR to accurately project caseloads and work levels with certainty. Such factors as the length of time between arraignment and trial, local sentencing practices, and pleading negotiation practice are largely controlled by the courts and the prosecution. The parties recognize that during the term of this Contract, changes may occur in the operations of the County’s criminal justice system which may cause additional expense to CONTRACTOR. Notwithstanding any such changes, the CONTRACTOR agrees to the compensation set forth in this Contract for services to be rendered. C. COUNTY shall receive all funds under collected pursuant to Penal Code section 987.4, 987.6, and 987.8, Government Code section 27712, and any similar statute or Contract providing for reimbursement for the FY 20xx/20xx LCDBG program. CONSULTANT shall only be paid for costs of legal services rendered under this agreement from Contract, and no portion of said funds allowed by inure for the OCD for administrative costs under benefit of any CONTRACTOR ATTORNEY or otherwise affect 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 specified to be paid CONSULTANT to CONTRACTOR 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 . D. Other litigation expenses, as defined 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 statesection II E, whereupon this retainage shall be paid by COUNTY upon CONTRACTOR ATTORNEYS submitting a county claim form, to CONSULTANTwhich shall be attached an order of the Court fixing the expenses to be paid. CONSULTANT will be compensated for travel in accordance with the state’s Policy and Procedures Memorandum Number 49Each claim shall include: 1. The CONSULTANT name of the client and case number; 2. The date and time the services were provided, in 10th hour increments; 3. A description of the services provided on each date. Any claim for which the above is not provided shall submit invoices be deemed an insufficient claim. E. CONTRACTOR ATTORNEYS shall be solely responsible for providing and paying the cost of all utilities, photocopies, facsimiles, telephones, postage, office furniture, equipment, supplies, secretaries, clerks, staff attorneys, transportation, and other materials, services, and persons necessary to perform this Contract, except for the (City/Parish) following: costs for payment. Each invoice submitted shall identify expert witnesses, language translators, laboratory analysis, other forensic services, court reporter fees, filing fees, transcript fees, witness fees, and documents produced through discovery by the specific contract task(s) or sub-task(s) listed County in Part III, Scope of Services for payment according to Welfare and Institutions Code section 300 cases and documents produced through discovery by the appropriate method listed below:District Attorney in Criminal and Welfare and Institutions Code section 600 cases.

Compensation and Method of Payment. Payment under this contract is contingent upon the (City/Parish) receiving approval from the state 3.1 County shall pay Vendor a fee 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 completion of the grant awarded Work determined in accordance with Section 3.2. The fee payable to the Vendor hereunder, as stated on the Proposal (City/Parish). Payment Exhibit “A”) shall correspond to the invoices of completed work, and will be made only not exceed the amount quoted on approval Exhibit “A”, unless Vendor requests and County authorizes in writing an increased amount. 3.2 County shall pay Vendor a fee for completion of the Work determined in accordance with Section 3.2. The fee payable to the Vendor hereunder, as stated on Cost Sheets (City/Parish). CONSULTANT Exhibit “C”) shall correspond to the invoices of completed work, and will not be entitled exceed the amount quoted on Exhibit “C”, unless Vendor requests and County authorizes in writing an increased amount. 3.3 County shall pay Vendor a fee for completion of the Work determined in accordance with Section 3.2. The fee payable to any LCDBG reimbursement for pre-agreement costs the Vendor hereunder, as stated on Cost Sheets (Exhibit “B”) shall correspond to the invoices of completed work, and program administration either will not exceed the amount quoted on Exhibit “B”, unless Vendor requests and County authorizes in writing an increased amount. 3.4 Vendor shall submit an invoice based on the satisfactory completion of each phase of the Work outlined in the Vendor’s Proposal provided. The review and acceptance of or notice of defects in the work performed will not exceed 30 days 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 Developmentsaid work. The total amount of reimbursable costs to be paid CONSULTANT under this contract invoice shall list the charges 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 each task or portion of the (City/Parish)Work performed. CONSULTANT will only be paid for DRAFT Each such invoice shall also contain Vendor's certification in the time form of Executed Release of Claims, which is Exhibit “C” attached hereto and effort needed to complete made a part of, certifying that the actual scope task or portion 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 Work described in 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 invoice has been completed in accordance with the state’s Policy Contract Documents, that the amount of all items due to third parties has been paid, and Procedures Memorandum Number 49that the amount of such invoice is due to the Vendor. Such invoice shall not contain any surcharge for amounts paid to third parties by Vendor. Each such invoice shall also contain Vendor's certification in the form of Executed Release of Claims, which is Exhibit “B” attached hereto and made a part of, certifying that the task or portion of the Work described in the invoice has been completed in accordance with the Contract Documents, that the amount of all items due to third parties has been paid, and that the amount of such invoice is due to the Vendor. Such invoice shall not contain any surcharge for amounts paid to third parties by Vendor. Each such invoice shall also contain Vendor's certification in the form of Executed Release of Claims, which is Exhibit “D” attached hereto and made a part of, certifying that the task or portion of the Work described in the invoice has been completed in accordance with the Contract Documents, that the amount of all items due to third parties has been paid, and that the amount of such invoice is due to the Vendor. Such invoice shall not contain any surcharge for amounts paid to third parties by Vendor. 3.5 County shall pay the full amount of an invoice in accordance with the Georgia Prompt Pay Act after receipt of the invoice and accompanying financial report, prepared as described herein. If, however, County objects to all or any portion of any invoice, County shall so notify Vendor of the same, stating the reasons for the objection. County shall be entitled to withhold payment of any amounts in dispute, but shall make payments on amounts not in dispute. The CONSULTANT parties shall submit invoices immediately make every effort to settle any disputed portion of the invoice. If Vendor does not make an effort to correct deficiencies, the amount deducted from the invoice will correspond to the (City/Parish) amount as explained in the Performance Measure section of the County’s Solicitation, Exhibit “B”. 3.6 County shall pay the full amount of an invoice in accordance with the Georgia Prompt Pay Act after receipt of the invoice and accompanying financial report, prepared as described herein. If, however, County objects to all or any portion of any invoice, County shall so notify Vendor of the same, stating the reasons for paymentthe objection. Each County shall be entitled to withhold payment of any amounts in dispute, but shall make payments on amounts not in dispute. The parties shall immediately make every effort to settle any disputed portion of the invoice. If Vendor does not make an effort to correct deficiencies, the amount deducted from the invoice submitted shall identify the specific contract task(s) or sub-task(s) listed in Part III, Scope of Services for payment according will correspond to the appropriate method listed below:amount as explained in the Performance Measure section of the Vendors Proposal, Exhibit “A”.

Compensation and Method of Payment. Payment 8.01 DWIHN agrees to pay the Contractor a total of Seven Thousand and 00/100 Dollars to perform the Services. DWIHN will not pay the Contractor for overtime, holiday or other premium charges or other benefits in addition to those stated in Appendix B. Maximum annual compensation shall not exceed 8.02 Contractor must, upon reasonable notice, be available to participate in any proceeding, whether legal, administrative or otherwise, or in any internal DWIHN preparatory meetings for the proceeding, in order to assist DWIHN in any matter relating to the purpose or outcome of this Contract. DWIHN may, at its sole option, compensate the Contractor under a separately negotiated agreement for any services rendered pursuant to this contract section. 8.03 DWIHN will pay for the proper performance of the Services, commensurate with the progress of the work as evidenced by the timely performance of the Services, and after it receives an invoice for payment. The invoice must certify the total cost of the Services rendered to the project to date and the cost of all Services for that billing period; and must describe the Services rendered. If the invoice also requests reimbursement or payment for reimbursable expenses, the appropriate receipts must be attached. The Contractor must sign the invoice and send it to DWIHN for each calendar month. This section is limited by the provisions of Article 8 regarding the amount payable for performance, including the “shall not exceed” amount. 8.04 The Contractor must direct invoices to the attention of the individual specified in the Notice provision in Article 18. 8.05 The Contractor must submit as part of the invoices, monthly progress reports indicating the Contractor's activities during the month and signed by an authorized officer of the Contractor. 8.06 The Parties understand that is Contract is, in all instances, contingent upon the (City/Parish) receiving approval continued availability of funding for Services derived from the state for funds under MDHHS, Contracts, or any grants or other arrangements between DWIHN and MDHHS. Notwithstanding anything to the FY 20xx/20xx LCDBG program. CONSULTANT contrary in this Contract, Contractor shall only be paid for services rendered have no right of action against DWIHN in the event that DWHIN is unable to perform its obligations under this agreement from funds allowed by the OCD Contract as a result of reduction, suspension, termination, withdrawal or failure of funding of DWIHN for administrative costs under the provisions any 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 Services under this contract for program administration shall not exceed [dollar amount] Dollars ($00,000)Contract. This amount is considered DWIHN will make best efforts 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 provide reasonable advance notice upon learning that such funding for this program; which may be less than Contract is unavailable. In the Cost Ceiling. The event this Contract is terminated, Contractor shall provide transition support services as reasonably requested by DWIHN within ten (City/Parish10) shall retain 10 percent days 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:said request.

Compensation and Method of Payment. Payment under (a) Subject to any limitations set forth in this contract Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Thirty Five Thousand dollars ($35,000.00), unless additional compensation is contingent upon approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. (b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the (City/Parish) receiving approval from the state for funds under the FY 20xx/20xx LCDBG programpreceding month. CONSULTANT The invoice shall only be paid for services rendered under this agreement from funds allowed detail charges by the OCD following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for administrative costs under or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the grant awarded event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (City/Parishc). Payment will In the event any charges or expenses are disputed by City, the original invoice shall be made only on approval of the returned by City to Contractor for correction and resubmission. (City/Parish). CONSULTANT will not be entitled c) Except as to any LCDBG reimbursement charges for pre-agreement costs and program administration either from the (work performed or expenses incurred by Contractor which are disputed by City/Parish) or the state, if the (City/Parish) does not receive a grant award and an authorization City will use its best efforts 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 cause Contractor to be paid CONSULTANT under within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. (d) Payment to Contractor for work performed pursuant to this contract for program administration Agreement shall not exceed [dollar amount] Dollars ($00,000). This amount is considered be deemed to be the Cost Ceiling of this contract. CONSULTANT may not incur waive any costs defects 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:work performed by Contractor.

Compensation and Method of Payment. Payment under this contract is contingent upon the (City/Parisha) receiving approval from the state for funds under the FY 20xx/20xx LCDBG program. CONSULTANT shall only be paid for For services satisfactorily rendered under this agreement Contract and approved by CITY, the CITY agrees to pay the CONTRACTOR for fulfillment of the terms and conditions of this Contract in the amount of forty-four thousand seven hundred fifteen dollars and no cents ($44,715.00) as specified in the specifications and bid documents. Such payment shall, if due, be made monthly at the end of each calendar month, but in no case later than forty-five (45) days after the acceptance by CITY that the estimate and terms of the contract providing for partial payment have been fulfilled. In preparing estimates, the material delivered on the site, materials suitably store, and insured off-site, and preparatory work done may be taken into consideration by CITY. If the amount due by CITY is not in dispute and the amount payable is not paid within the forty-five (45) day period, the CONTRACTOR shall be entitled to interest from funds allowed CITY at the rate assessed for underpayment of taxes under Section 40-1-44(a), Code of Alabama 1975, on the unpaid balance due. Interest payments shall not be due on payments made after the forty-five (45) day period because of administrative or processing delays at the close of the fiscal year. In making the partial payments, there shall be retained not more than five percent (5%) of the estimated amount of work done and the value of materials stored on the site or suitably stored and insured off-site, and after fifty percent (50%) completion has been accomplished and approved by CITY, no further retainage shall be withheld. The retainage as set out herein shall be held until final completion and acceptance of all work covered by the OCD for administrative costs under contract. Retainage shall be held until all work has been completed to CITY's satisfaction. The CONTRACTOR immediately after the provisions completion of the grant awarded contract give notice in writing to the (City/Parish)CITY. Payment Upon completion and acceptance by CITY of the work, final settlement will be made only on approval of as the same is due. (City/Parish). CONSULTANT will not be entitled to any LCDBG reimbursement for pre-agreement costs and program administration either from b) PROVISIONS OUTLINING THE SOURCE OF SUFFICIENT FUNDS TO BE UTILIZED BY CITY TO FULFILL CITY'S OBLIGATIONS UNDER THIS CONTRACT (indicate which applies by entering an appropriate mark opposite 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:following):

Compensation and Method of Payment. Payment under (a) Subject to any limitations set forth in this contract Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed ______________________________ dollars ($_____________), unless additional compensation is contingent upon approved in writing in accordance with Section 25 “Administration and Implementation” or Section 27 “Amendment” of this Agreement. (b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the (City/Parish) receiving approval from the state for funds under the FY 20xx/20xx LCDBG programpreceding month. CONSULTANT The invoice shall only be paid for services rendered under this agreement from funds allowed detail charges by the OCD following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-Service Provider contracts. Sub-Service Provider charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for administrative costs under or allocated to that task. City shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the grant awarded event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (City/Parishc). Payment will In the event any charges or expenses are disputed by City, the original invoice shall be made only on approval of the returned by City to Service Provider for correction and resubmission. (City/Parish). CONSULTANT will not be entitled c) Except as to any LCDBG reimbursement charges for pre-agreement costs and program administration either from the (work performed or expenses incurred by Service Provider which are disputed by City/Parish) or the state, if the (City/Parish) does not receive a grant award and an authorization City will use its best efforts 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 cause Service Provider to be paid CONSULTANT under within forty-five (45) days of receipt of Service Provider’s correct and undisputed invoice. (d) Payment to Service Provider for work performed pursuant to this contract for program administration Agreement shall not exceed [dollar amount] Dollars ($00,000). This amount is considered be deemed to be the Cost Ceiling of this contract. CONSULTANT may not incur waive any costs defects 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:work performed by Service Provider.

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. 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. 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 TCAA shall pay BROKER for Services authorized by an Assignment and satisfactorily completed and furnished to the TCAA, in accordance with the following: a. The Fee Schedule of BROKER, attached hereto as Exhibit A – Scope of Professional Services. The Fee Schedule may be modified only by a written Amendment to 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 Agreement executed by the OCD for administrative costs under the provisions TCAA and BROKER. b. Upon receipt of the grant awarded to the (City/Parish). Payment will be made only on written approval of the (City/Parish)TCAA, the BROKER will engage the services of other professionals when necessary to complete the BROKER’s assignments. CONSULTANT will In these circumstances, BROKER shall bill the TCAA only for the actual and reasonable amounts that BROKER paid to such other professionals, and BROKER shall not be entitled to any LCDBG mark-up on the fee for services of other professionals. c. Reimbursable Expenses. Reimbursable Expenses are defined as actual expenditures made by BROKER or its subcontractors in the interest of the Services or Project including but not limited to: i. Reproduction and printing charges of all types for project-specific documents, overnight express shipping charges, project-specific fees paid by BROKER to permitting authorities and utilities, and miscellaneous items purchased by BROKER for the project which are specifically authorized in advance by TCAA. ii. For BROKER, travel within Brevard and adjacent counties, mail, telephone, internet, computer time, and minor office photocopying for general correspondence are normal business expenses included in general overhead, and are not Reimbursable Expenses. For subcontractors, arrangements for reimbursement for preof expenses may vary. Such arrangements shall be described in detail in the description of subconsultant fees in the Assignment or other written amendment, including attachments to the same. iii. BROKER shall also be reimbursed at cost, without mark-agreement up, other actual and necessary costs and program administration either from the (City/Parish) or the state, if the (City/Parish) does not receive a grant award expenses reasonably and an authorization to incur costs from the state's Office properly incurred by BROKER in furtherance 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 furnishing Services 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 stateAgreement, 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 provided that BROKER furnishes 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:TCAA supporting documentation and/or receipts.

Compensation and Method of Payment. Payment under (a) Subject to any limitations set forth in this contract Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Forty Five Thousand Five Hundred dollars ($45,500.00), unless additional compensation is contingent upon approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. (b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the (City/Parish) receiving approval from the state for funds under the FY 20xx/20xx LCDBG programpreceding month. CONSULTANT The invoice shall only be paid for services rendered under this agreement from funds allowed detail charges by the OCD following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for administrative costs under or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the grant awarded event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (City/Parishc). Payment will In the event any charges or expenses are disputed by City, the original invoice shall be made only on approval of the returned by City to Contractor for correction and resubmission. (City/Parish). CONSULTANT will not be entitled c) Except as to any LCDBG reimbursement charges for pre-agreement costs and program administration either from the (work performed or expenses incurred by Contractor which are disputed by City/Parish) or the state, if the (City/Parish) does not receive a grant award and an authorization City will use its best efforts 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 cause Contractor to be paid CONSULTANT under within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. (d) Payment to Contractor for work performed pursuant to this contract for program administration Agreement shall not exceed [dollar amount] Dollars ($00,000). This amount is considered be deemed to be the Cost Ceiling of this contract. CONSULTANT may not incur waive any costs defects 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:work performed by Contractor.

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:

Compensation and Method of Payment. Payment under (a) Subject to any limitations set forth in this contract Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed dollars ($ ), unless additional compensation is contingent upon approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.. (b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the (City/Parish) receiving approval from the state for funds under the FY 20xx/20xx LCDBG programpreceding month. CONSULTANT The invoice shall only be paid for services rendered under this agreement from funds allowed detail charges by the OCD following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for administrative costs under or allocated to that task. City shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the grant awarded event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (City/Parishc). Payment will In the event any charges or expenses are disputed by City, the original invoice shall be made only on approval of the returned by City to Service Provider for correction and resubmission. (City/Parish). CONSULTANT will not be entitled c) Except as to any LCDBG reimbursement charges for pre-agreement costs and program administration either from the (work performed or expenses incurred by Service Provider which are disputed by City/Parish) or the state, if the (City/Parish) does not receive a grant award and an authorization City will use its best efforts 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 cause Service Provider to be paid CONSULTANT under within forty-five (45) days of receipt of Service Provider’s correct and undisputed invoice. (d) Payment to Service Provider for work performed pursuant to this contract for program administration Agreement shall not exceed [dollar amount] Dollars ($00,000). This amount is considered be deemed to be the Cost Ceiling of this contract. CONSULTANT may not incur waive any costs defects 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:work performed by Service Provider.

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. 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. 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 (a) Subject to any limitations set forth in this contract is contingent upon AGREEMENT, CITY agrees to pay CONSULTANT the (City/Parish) receiving approval from the state for funds under the FY 20xx/20xx LCDBG programamounts specified in EXHIBIT "B" "COMPENSATION" and made a part of this AGREEMENT. CONSULTANT shall perform work only be paid as requested by CITY. This AGREEMENT does not state, convey, imply or infer a specific, minimum or expected amount of work or compensation for as needed services or reimbursables. Compensation for services rendered under this agreement from funds allowed shall not exceed the amounts specified in EXHIBIT "B" "COMPENSATION". (b) No later than the 15th of each month CONSULTANT shall furnish to CITY an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the OCD for administrative costs under categories required by CITY, which are subject to change at the discretion of CITY. CITY shall independently review each invoice submitted by the CONSULTANT to determine whether the work performed and expenses incurred are in compliance with the provisions of this AGREEMENT. In the grant awarded event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (City/Parishc). Payment will In the event that any charges or expenses are disputed by CITY, the original invoice shall be made only on approval of the returned by CITY to CONSULTANT for correction and resubmission. (City/Parish). CONSULTANT will not be entitled c) Except as to any LCDBG reimbursement charges for pre-agreement costs and program administration either from the (City/Parish) work performed or the stateexpenses incurred by CONSULTANT which are disputed by CITY, if the (City/Parish) does not receive a grant award and an authorization CITY will use its best efforts 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 cause CONSULTANT to be paid within thirty (30) days of receipt of CONSULTANT's invoice. (d) Payment to CONSULTANT under for work performed pursuant to this contract for program administration AGREEMENT shall not exceed [dollar amount] Dollars ($00,000). This amount is considered be deemed to be the Cost Ceiling waive any defects in work performed by CONSULTANT, nor to constitute any waiver of this contract. CONSULTANT may not incur any costs in excess type of this amount (except at its own risk) without the approval relief or remedy, legal or equitable, arising out of any breach or nonperformance of any aspect 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 AGREEMENT by 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 (a) Subject to any limitations set forth in this contract Agreement, City agrees to pay Contractor the amounts specified in each Task Order for the Services identified in the Task Order. The total compensation for all Task Orders, including reimbursement for actual expenses, shall not exceed one hundred thousand dollars ($100,000) per fiscal year, unless additional compensation is contingent upon approved in writing in accordance with Section 28 “Amendment” of this Agreement. The City Manager shall have the (City/Parish) receiving approval authority to approve Task Orders for Services that do not exceed the City Manager’s then-current signing authority for purchases of professional services as set forth in Section 4.06.050, as that section may be amended from the state for funds under the FY 20xx/20xx LCDBG programtime to time. CONSULTANT All other Task Orders shall only be paid for services rendered under this agreement from funds allowed approved by the OCD City Council prior to the commencement of the Services. (b) Each month Contractor shall furnish to City an original invoice for administrative costs under all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and the applicable Task Order include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the grant awarded event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (City/Parishc). Payment will In the event any charges or expenses are disputed by City, the original invoice shall be made only on approval of the returned by City to Contractor for correction and resubmission. (City/Parish). CONSULTANT will not be entitled c) Except as to any LCDBG reimbursement charges for pre-agreement costs and program administration either from the (work performed or expenses incurred by Contractor which are disputed by City/Parish) or the state, if the (City/Parish) does not receive a grant award and an authorization City will use its best efforts 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 cause Contractor to be paid CONSULTANT under within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. (d) Payment to Contractor for work performed pursuant to this contract for program administration Agreement shall not exceed [dollar amount] Dollars ($00,000). This amount is considered be deemed to be the Cost Ceiling of this contract. CONSULTANT may not incur waive any costs defects 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:work performed by Contractor.

Compensation and Method of Payment. Payment under (a) Subject to any limitations set forth in this contract Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Fifty Four Thousand Five Hundred Eighty dollars ($54,580), unless additional compensation is contingent upon approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. (b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the (City/Parish) receiving approval from the state for funds under the FY 20xx/20xx LCDBG programpreceding month. CONSULTANT The invoice shall only be paid for services rendered under this agreement from funds allowed detail charges by the OCD following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for administrative costs under or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the grant awarded event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (City/Parishc). Payment will In the event any charges or expenses are disputed by City, the original invoice shall be made only on approval of the returned by City to Contractor for correction and resubmission. (City/Parish). CONSULTANT will not be entitled c) Except as to any LCDBG reimbursement charges for pre-agreement costs and program administration either from the (work performed or expenses incurred by Contractor which are disputed by City/Parish) or the state, if the (City/Parish) does not receive a grant award and an authorization City will use its best efforts 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 cause Contractor to be paid CONSULTANT under within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. (d) Payment to Contractor for work performed pursuant to this contract for program administration Agreement shall not exceed [dollar amount] Dollars ($00,000). This amount is considered be deemed to be the Cost Ceiling of this contract. CONSULTANT may not incur waive any costs defects 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:work performed by Contractor.

Compensation and Method of Payment. Payment under this contract is contingent upon the (City/Parisha) receiving approval from the state for funds under the FY 20xx/20xx LCDBG program. CONSULTANT shall only be paid for For services satisfactorily rendered under this agreement Contract and approved by CITY, the CITY agrees to pay the CONTRACTOR for fulfillment of the terms and conditions of this Contract in the amount of fourteen thousand nine hundred thirty-six dollars and no cents ($14,936.00) as specified in the specifications and bid documents. Such payment shall, if due, be made monthly at the end of each calendar month, but in no case later than forty-five (45) days after the acceptance by CITY that the estimate and terms of the contract providing for partial payment have been fulfilled. In preparing estimates, the material delivered on the site, materials suitably store, and insured off-site, and preparatory work done may be taken into consideration by CITY. If the amount due by CITY is not in dispute and the amount payable is not paid within the forty-five (45) day period, the CONTRACTOR shall be entitled to interest from funds allowed CITY at the rate assessed for underpayment of taxes under Section 40-1-44(a), Code of Alabama 1975, on the unpaid balance due. Interest payments shall not be due on payments made after the forty-five (45) day period because of administrative or processing delays at the close of the fiscal year. In making the partial payments, there shall be retained not more than five percent (5%) of the estimated amount of work done and the value of materials stored on the site or suitably stored and insured off-site, and after fifty percent (50%) completion has been accomplished and approved by CITY, no further retainage shall be withheld. The retainage as set out herein shall be held until final completion and acceptance of all work covered by the OCD for administrative costs under contract. Retainage shall be held until all work has been completed to CITY's satisfaction. The CONTRACTOR immediately after the provisions completion of the grant awarded contract give notice in writing to the (City/Parish)CITY. Payment Upon completion and acceptance by CITY of the work, final settlement will be made only on approval of as the same is due. (City/Parish). CONSULTANT will not be entitled to any LCDBG reimbursement for pre-agreement costs and program administration either from b) PROVISIONS OUTLINING THE SOURCE OF SUFFICIENT FUNDS TO BE UTILIZED BY CITY TO FULFILL CITY'S OBLIGATIONS UNDER THIS CONTRACT (indicate which applies by entering an appropriate mark opposite 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:following):

Compensation and Method of Payment. 4.1 Compensation for the services provided by Contractor to the NMCRA shall be based on the fee provided in each Scope of Work, which fee shall be a guaranteed “not to exceed” fee (the “Fee”). Each Fee represents and contains all amounts due and payable for the services provided by Contractor as set forth in the Scope of Work including any out of pocket and third party costs which may be incurred and/or paid by Contractor. Payment under by the NMCRA of the Fee for the Scope of Work performed shall be deemed full compensation to the Contractor for the performance of this contract is contingent Agreement. In the event additional labor, materials, costs or expenses are necessary to complete the Scope of Work in excess of the Fee, such amounts shall be the sole responsibility of Contractor; it being acknowledged and agreed that the not to exceed amount for the Scope of the Work shall be the maximum amount the NMCRA shall be required to pay for the Scope of Work unless the such amount was increased or decreased by a change order pursuant to Section 5 below. 4.1.1 The NMCRA may, at its sole discretion, approve the payment of foreseen additional costs that are above those approved in the Scope of Work. The Contractor may not perform any additional work nor increase any costs without first obtaining the written consent of the NMCRA. If the Contractor performs any such additional work and/or increases any costs without the prior written approval of the NMCRA the Contractor shall be solely responsible for the payment of said additional work and/or increased costs. 4.2 Contractor shall submit to the NMCRA written invoices upon completion of each task listed in the (City/Parish) receiving approval Cost Proposal from the state for funds under the FY 20xx/20xx LCDBG programContractor’s proposal no more often than on a monthly basis. CONSULTANT Each invoice shall only be paid include a detailed billing statement for services rendered under this agreement from funds allowed and any other supporting documentation as reasonably requested by the OCD NMCRA. Notwithstanding the foregoing, as a condition to each progress payment, the Contractor shall have furnished NMCRA with a partial lien waiver and release signed by Contractor, conditioned upon payment, for administrative costs under all work performed that is included in the current invoice, in the form set forth in Florida Statutes Chapter 713, and shall have furnished NMCRA with partial lien waivers and releases signed by all persons or entities giving Notice to Owner for the furnishing any labor or material, equipment, services, and materials for the Project and for all work performed by same that is included in the respective prior invoice. With respect to the procedures for payment, the NMCRA and Contractor agree to comply with and be bound by the provisions of Part VII, Chapter 218, Florida Statutes, entitled the grant awarded Local Government Prompt Payment Act. 4.3 There shall be ten percent (10%) retainage held on all subcontracts, labor costs and the Contractor’s fee until fifty percent (50%) completion of the Scope of Work. After 50% completion of the Scope of Work and prior to final payment, there shall be a five percent (5%) retainage held on all subcontracts, labor costs and the Contractor’s fee; provided, however, there shall be no retainage on material suppliers. The NMCRA may retain amounts greater than those set forth above that are the subject of a good faith dispute pursuant to Federal Statute 255.078(6), the subject of a claim brought pursuant to Section 255.05, Florida Statutes, or otherwise the subject of a claim or demand by the NMCRA or Contractor. 4.4 Final payment, constituting the entire unpaid balance of the amount owed to Contractor including retainage, shall be made by the NMCRA to the Contractor following Final Completion and when: (City/Parish)a) the Contractor has fully performed the Scope of Work and the CRA has accepted the Scope of Work including all punch list items and correction of any defects identified by the CRA; (b) a final certificate of occupancy or its equivalent has been issued by the applicable governmental authorities; and (c) a final invoice has been submitted by Contractor and reviewed and approved by the NMCRA. Payment will Notwithstanding the foregoing or anything in this Agreement to the contrary, neither any progress payment or the final payment shall be made only on approval due or owing to the Contractor until all 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 requirements 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 Agreement 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 stateChapter 713, 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 IIIFlorida Statutes, Scope of Services for payment according to the appropriate method listed below:have been satisfied.

Compensation and Method of Payment. Payment under (a) Subject to any limitations set forth in this contract Agreement, City agrees to pay Service Provider the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed dollars ($ ), unless additional compensation is contingent upon approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement.. (b) Each month Service Provider shall furnish to City an original invoice for all work performed and expenses incurred during the (City/Parish) receiving approval from the state for funds under the FY 20xx/20xx LCDBG programpreceding month. CONSULTANT The invoice shall only be paid for services rendered under this agreement from funds allowed detail charges by the OCD following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-Service Provider contracts. Sub-Service Provider charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for administrative costs under or allocated to that task. City shall independently review each invoice submitted by the Service Provider to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the grant awarded event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (City/Parishc). Payment will In the event any charges or expenses are disputed by City, the original invoice shall be made only on approval of the returned by City to Service Provider for correction and resubmission. (City/Parish). CONSULTANT will not be entitled c) Except as to any LCDBG reimbursement charges for pre-agreement costs and program administration either from the (work performed or expenses incurred by Service Provider which are disputed by City/Parish) or the state, if the (City/Parish) does not receive a grant award and an authorization City will use its best efforts 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 cause Service Provider to be paid CONSULTANT under within forty-five (45) days of receipt of Service Provider’s correct and undisputed invoice. (d) Payment to Service Provider for work performed pursuant to this contract for program administration Agreement shall not exceed [dollar amount] Dollars ($00,000). This amount is considered be deemed to be the Cost Ceiling of this contract. CONSULTANT may not incur waive any costs defects 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:work performed by Service Provider.

Compensation and Method of Payment. Payment (a) The City has or will entered into a maximum of three (3) non-exclusive contracts for performance of the Scope of Services identified in Exhibit A, including this Agreement (“On-Call Contracts”). The total aggregate amount payable by the City pursuant to the Task Order Contracts shall not exceed a cumulative maximum total value of Four Hundred Fifty Thousand Dollars ($450,000) (“NTE Sum”). Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in each Task Order for the Services identified in the Task Order. The City Manager shall have the authority to approve Task Orders for Services that do not exceed the City Manager’s then-current signing authority for purchases of professional services as set forth in Section 4.06.050, as that section may be amended from time to time. All other Task Orders shall be approved by the City Council prior to the commencement of the Services. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under the On-Call Contracts through Task Orders. Each time a Task Order is awarded under any of the On-Call Contracts, the City will send written notification to Contractor and each of the other consultants entering into the On-Call Contracts. The notice will identify the total funds allocated under issued Task Orders, and the remaining unencumbered amount of the NTE Sum. Contractor acknowledges and agrees that the City will not pay any amount under this contract is contingent upon Agreement that would exceed the NTE Sum, and Contractor shall not enter into a Task Order that exceeds the NTE Sum. (City/Parishb) receiving approval from Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the state for funds under the FY 20xx/20xx LCDBG programpreceding month. CONSULTANT The invoice shall only be paid for services rendered under this agreement from funds allowed detail charges by the OCD following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and the applicable Task Order include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for administrative costs under or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the grant awarded event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (City/Parishc). Payment will In the event any charges or expenses are disputed by City, the original invoice shall be made only on approval of the returned by City to Contractor for correction and resubmission. (City/Parish). CONSULTANT will not be entitled c) Except as to any LCDBG reimbursement charges for pre-agreement costs and program administration either from the (work performed or expenses incurred by Contractor which are disputed by City/Parish) or the state, if the (City/Parish) does not receive a grant award and an authorization City will use its best efforts 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 cause Contractor to be paid CONSULTANT under within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. (d) Payment to Contractor for work performed pursuant to this contract for program administration Agreement shall not exceed [dollar amount] Dollars ($00,000). This amount is considered be deemed to be the Cost Ceiling of this contract. CONSULTANT may not incur waive any costs defects 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:work performed by Contractor.

Compensation and Method of Payment. Payment under (a) Subject to any limitations set forth in this contract Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed forty-five thousand dollars ($45,000), unless additional compensation is contingent upon approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. (b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the (City/Parish) receiving approval from the state for funds under the FY 20xx/20xx LCDBG programpreceding month. CONSULTANT The invoice shall only be paid for services rendered under this agreement from funds allowed detail charges by the OCD following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for administrative costs under or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the grant awarded event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (City/Parishc). Payment will In the event any charges or expenses are disputed by City, the original invoice shall be made only on approval of the returned by City to Contractor for correction and resubmission. (City/Parish). CONSULTANT will not be entitled c) Except as to any LCDBG reimbursement charges for pre-agreement costs and program administration either from the (work performed or expenses incurred by Contractor which are disputed by City/Parish) or the state, if the (City/Parish) does not receive a grant award and an authorization City will use its best efforts 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 cause Contractor to be paid CONSULTANT under within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. (d) Payment to Contractor for work performed pursuant to this contract for program administration Agreement shall not exceed [dollar amount] Dollars ($00,000). This amount is considered be deemed to be the Cost Ceiling of this contract. CONSULTANT may not incur waive any costs defects 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:work performed by Contractor.

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 4.1 In consideration of the grant awarded to the (City/Parish). Payment will be made only on approval satisfactory performance of the (City/Parish). CONSULTANT will not be entitled to any LCDBG reimbursement for pre-agreement costs and program administration either from work set forth in this Contract, the (City/Parish) or Department shall pay 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 Contractor in accordance with the stateterms of the RFP, especially § 3.3, and the Contractor’s Policy Financial Proposal. Except if increased via a Contract modification that is signed by both parties to this Contract and Procedures Memorandum Number 49. The CONSULTANT shall submit invoices which has received all required State approvals, payment to the Contractor pursuant to this Contract shall not exceed $ . 4.2 Payments to the Contractor shall be made no later than thirty (City/Parish30) days after the Department’s receipt of a proper invoice for paymentservices provided by the Contractor, acceptance by the Department of services provided by the Contractor, and pursuant to the conditions outlined in Section 4 of this Contract. Each invoice for services rendered must include the Contractor’s Federal Tax Identification Number which is . Charges for late payment of invoices other than as prescribed by Title 15, Subtitle 1, of the State Finance and Procurement Article, Annotated Code of Maryland, as from time-to-time amended, are prohibited. Invoices should be 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:Department Contract Manger. Electronic funds transfer will be used by the State to pay Contractor under this Contract and any other State payments due Contractor, unless the State Comptroller’s Office grants Contractor an exemption. The final payment under this Contract will not be made until after certification is received from the Comptroller of the State that all taxes have been paid. 4.3 In addition to any other available remedies, if, in the opinion of the Procurement Officer, the Contractor fails to perform in a satisfactory and timely manner, the Procurement Officer may refuse or limit approval of any invoice for payment, and may cause payments to the Contractor to be reduced, or withheld until such time as the Contractor meets performance standards as established by the Procurement Officer. The Department may adjust payment to the Contractor to cover damages. 4.4 The Contractor shall not be responsible for damages to the extent that the damages are directly the result of acts or omissions by the State’s employees. Each party shall bear responsibility for the damages directly caused by their acts or omissions. 4.5 Payment of an invoice by the Department, including but not limited to payment of an invoice for liquidated damages as provided in Section 5, is not evidence that services were rendered as required under this Contract.

Compensation and Method of Payment. Payment under A. No expenditure of funds by GRANTEE in anticipation of reimbursement pursuant to this contract Agreement is contingent upon authorized prior to execution of this Agreement by the (City/Parish) receiving approval from Secretary of Environment and the state for funds acquisition of a State Purchase Order by NMED. B. For satisfactory performance of all work and services required under the FY 20xx/20xx LCDBG programterms of this Agreement, NMED shall reimburse the GRANTEE for actual costs and Gross Receipts Tax incurred, up to the limit set forth in Article 1. CONSULTANT NMED shall only reimburse the GRANTEE when NMED determines, in its sole discretion, that expenditures have been properly documented. Copies of all applicable vouchers paid shall be paid submitted to NMED with requests for services rendered under this agreement from funds allowed reimbursement. All requests for reimbursement shall be prepared by the OCD GRANTEE in the manner required by NMED, and submitted using forms provided by NMED, and shall be accompanied by the appropriate supporting documentation to assure that those costs being reimbursed are correct and within the approved scope of work as described in Exhibit A. Requests for administrative costs under reimbursement shall include expenditures to date by approved budget category (Exhibit B). Failure to provide timely, accurate periodic requests for reimbursement may result in the provisions forfeiture of the grant awarded to the (City/Parish)funds or significant delay in payment. Payment will not be authorized for any reimbursement request submitted after the date specified in ARTICLE 6(G) of this grant agreement. C. Interim payments will be made only on approval of as the (City/Parish)work progresses for properly prepared reimbursement requests. CONSULTANT will not be entitled to any LCDBG The GRANTEE shall prepare and certify requests for reimbursement for pre-agreement costs interim payments in the quarter that the services, goods or equipment was completed 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 Developmentreceived. 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 Interim payments 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 approved 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 made in accordance with the state’s Policy approved contracts or agreements for those services. All reimbursement requests shall be signed by the chief financial officer and Procedures Memorandum Number 49certified procurement officer as designated in Article 21, except for Indian nations, tribes, and pueblos who must have all reimbursement requests signed by only the chief financial officer. In the event that chief financial officer or certified procurement officer is no longer employed by the GRANTEE, the persons occupying those positions shall sign reimbursement requests. By signing the reimbursement request, the GRANTEE acknowledges that any procurement not compliant with applicable procurement regulations will result in non-payment of the amount in question, that expenditures have been made in accordance with the grant agreement, and that payment from NMED has not been received at the time the request is submitted. Failure to obtain appropriate signatures will result in non-payment of the amount in question. All reimbursement requests shall be prepared and submitted using the NMED-approved format and include copies of checks and invoices. D. Interim or final payment by NMED may be withheld until such time as NMED determines, in its sole discretion, that the GRANTEE has complied with the terms of this grant agreement, including all administrative procedures (Article 6). E. When multiple funding sources are used to complete the Project, the project Budget (Exhibit B) shall identify all funding sources and the line item to which funds are allocated from each source. F. Any grant funds which remain unexpended after all conditions of this Agreement have been satisfied will revert to the Recycling and Illegal Dumping Grant Fund. G. The funds referred to in Article 1 shall constitute full and complete payment of monies to be received by the GRANTEE from NMED. H. Notwithstanding the other provisions of this article, five percent (5%) of the total grant amount may be withheld by NMED until NMED has determined in its sole discretion that the Project is at least ninety percent 90% complete. This amount may be withheld by NMED pending final Project inspection by NMED, submission by the GRANTEE of a final report, and acceptance of the Project by NMED. Final Project inspection by NMED shall be performed promptly and the results shall be conveyed to the GRANTEE in writing if deficiencies are found. The CONSULTANT Project will not be considered complete until the work defined in this Agreement has been fully performed and finally and unconditionally accepted by the GRANTEE and NMED. I. Upon project completion, final payment shall submit invoices not be made by NMED until after a final inspection has been conducted by Solid Waste Bureau staff. If the GRANTEE has contracted or subcontracted with others, the GRANTEE shall provide the following items for review and approval by NMED: 1. A final reimbursement request including the final certified pay request approved by the GRANTEE’s signatory authority; 2. A written affirmation or certification letter that includes the following: a) A brief narrative stating that the GRANTEE has confirmed that all Project work has been satisfactorily completed and that all contractors and subcontractors have fulfilled all of the obligations required under the contract documents with the GRANTEE regarding the date of successful completion of the Project; b) For contracts that exceed $60,000 for contractor or subcontractor costs, a certification by the GRANTEE that describes how the Labor Standards Contract Provisions have been met; 3. A complete legally effective release or waivers (satisfactory to the GRANTEE) of liens arising out of the contract documents and the labor services performed and the materials and equipment furnished there under; 4. A written consent of the surety, if any, to final payment; and 5. XXXXXXX’s ledger sheets, including all payments made by the GRANTEE, may be requested with the final reimbursement request, and before the final reimbursement request is processed by NMED. J. Upon project completion, final payment shall not be made by NMED until after a final report has been submitted to NMED. At a minimum, the final report shall include the following: 1. A narrative description of the Project including photographs of any equipment or construction (City/Parishpictures of before and after and progress during construction, and photographs of the project at completion); 2. A list of all major equipment (e.g., loaders, 40-yard cubic bins, waste compactors, tractor trailers) for paymentand the cost of such equipment purchased under the terms of this Agreement; 3. Each invoice submitted shall identify A narrative description and photographs of all construction projects that were partially or completely funded under the specific contract task(s) or sub-task(s) listed terms of this Agreement; 4. Any other information requested in Part III, Scope of Services for payment according to the appropriate method listed below:writing by NMED.

Compensation and Method of Payment. Payment under A. Consultant shall charge the following fees for its professional services hereunder, based on rates described in Exhibit A of this contract agreement. B. Consultant will try to reduce costs whenever feasible by utilizing qualified principals, associates, paralegals, and law clerks. Consultant shall bill City through the submission of itemized invoices, statements, and other documentation, together with supporting data indicating the progress of the work and the services performed on the basis of monthly statements showing hourly rates indicating who performed the work, what type of work was done, and descriptions and/or details of all services rendered, along with specific description and supporting documentation, if available, respecting any reasonable and necessary out-of- pocket expenses incurred. C. Consultant estimates and City agrees that all charges for the legal services hereunder, including reasonable out-of-pocket expenses, shall not exceed seven hundred fifteen thousand dollars ($715,000), and Consultant agrees to notify City and seek a modification of the Contract should the total fees exceed such amount. D. City shall either pay directly or reimburse Consultant, as the case may be, for reasonable and necessary actual out-of-pocket expenses, including but not limited to, long-distance telephone, telecopier, reproduction, overnight courier, on-line research, and travel. All copies will be charged at the rate of ten cents ($0.10) per copy for copies made within Consultant’s offices, with as much photocopying as possible being done by outside vendors at bulk rates or by the city to reduce costs if bulk copying is contingent upon necessary. The parties agree that there will be no charges for outgoing telecopies or incoming telecopies. Whenever feasible, City encourages cost savings by the (City/Parish) receiving approval from the state for funds under the FY 20xx/20xx LCDBG program. CONSULTANT shall only be paid use of computer files in Microsoft Word or Adobe Acrobat formats, attached to e-mail transmissions. E. The parties anticipate invoices or statements for services rendered under this agreement from funds allowed by will be generated on a monthly basis and that said invoices or statements will be sent on or about the OCD for administrative costs under the provisions 1st day of each month. City shall make payment to Consultant within 30 days of the grant awarded to the (City/Parish). Payment will be made only on approval satisfactory completion of the (City/Parish). CONSULTANT will not be entitled to any LCDBG reimbursement for pre-agreement costs services 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 itemized invoice or statement. All reimbursable expenses, including, but not necessarily limited to travel, lodging, 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 meals shall be paid at the actual cost, pursuant to CONSULTANTthe terms, conditions, and limitations hereinabove set forth. CONSULTANT will All invoices and bills shall be compensated approved for travel in accordance payment by the City Attorney. F. It is understood that Consultant shall work with the statecoordination and general supervision of the City Attorney or the Deputy City Attorney. G. All notices, billing statements and invoices shall be made in writing and may be given by personal delivery or by mail. Notices and invoices sent by mail shall be addressed to: Accounts Payable, 000 Xxxx XxXxxxxx, Denton, Texas 76201. When so addressed, the notice, invoice, and/or payment shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices, invoices, and/or payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the responsible person or office to whom notices, invoices, and/or payments are to be sent, provided reasonable written notice is given. H. Consultant is generally authorized to engage the services of qualified local counsel, service vendors, consulting experts, and testifying experts, as reasonably necessary to accomplish the services herein, reduce costs, or increase efficiency. Consultant shall obtain City’s Policy prior written approval before engaging local counsel, licensed investigators, consulting experts, or testifying experts. Consultant may select and Procedures Memorandum Number 49engage service providers such as court reporters, videographers, document reproduction services, and the like at Consultant’s professional discretion without specific approval. The CONSULTANT All such services shall submit invoices be paid by Consultant, and invoiced back to City as a line item in Consultant’s next monthly invoice, to be reimbursed by City at actual cost. Unless otherwise stated, such expenses shall be a component of the (City/Parish) for payment. Each invoice submitted shall identify the specific contract task(s) or sub-task(s) listed budget set forth in Part III, Scope paragraph 3.C. of Services for payment according to the appropriate method listed below:this Contract.

Compensation and Method of Payment. Payment under (a) Subject to any limitations set forth in this contract Agreement, City agrees to pay Contractor the amounts specified in Exhibit “B” “Compensation” and made a part of this Agreement by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed ten thousand dollars ($10,000), on a monthly basis, unless additional compensation is contingent upon approved in writing in accordance with Section 26 “Administration and Implementation” or Section 28 “Amendment” of this Agreement. (b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the (City/Parish) receiving approval from the state for funds under the FY 20xx/20xx LCDBG programpreceding month. CONSULTANT The invoice shall only be paid for services rendered under this agreement from funds allowed detail charges by the OCD following categories: labor (by sub-category), travel, materials, equipment, supplies, and subcontractor contracts. Subcontractor charges shall be detailed by the following categories: labor, travel, materials, equipment and supplies. If the compensation set forth in subsection (a) and Exhibit “B” include payment of labor on an hourly basis (as opposed to labor and materials being paid as a lump sum), the labor category in each invoice shall include detailed descriptions of task performed and the amount of time incurred for administrative costs under or allocated to that task. City shall independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. In the grant awarded event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (City/Parishc). Payment will In the event any charges or expenses are disputed by City, the original invoice shall be made only on approval of the returned by City to Contractor for correction and resubmission. (City/Parish). CONSULTANT will not be entitled c) Except as to any LCDBG reimbursement charges for pre-agreement costs and program administration either from the (work performed or expenses incurred by Contractor which are disputed by City/Parish) or the state, if the (City/Parish) does not receive a grant award and an authorization City will use its best efforts 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 cause Contractor to be paid CONSULTANT under within thirty (30) days of receipt of Contractor’s correct and undisputed invoice. (d) Payment to Contractor for work performed pursuant to this contract for program administration Agreement shall not exceed [dollar amount] Dollars ($00,000). This amount is considered be deemed to be the Cost Ceiling of this contract. CONSULTANT may not incur waive any costs defects 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:work performed by Contractor.

Compensation and Method of Payment. Payment 4.1 CITY agrees to compensate CONTRACTOR for all services performed under this contract Agreement by CONTRACTOR upon issuance of final inspection approval / monthly for work that has been completed, inspected and properly invoiced «Compensation_Type» «Contingency_Fee_Percent» owner’s contingency fee of «Contingency_Fee_Written» («Contingency_Fee_Numerical») and a «Permit_Fee_Percent» permit allowance of 4.1.1 This contingency or allowance authorizes the CITY to execute change orders up to the amount of the contingency without the need to obtain additional Commission approval. It is contingent upon hereby understood and agreed that the (City/Parish) receiving CONTRACTOR shall not expend any dollars in connection with the Owner’s Contingency or Allowance without the expressed prior written approval from of the state for CITY’s authorized representative. Any Owner’s Contingency funds under or allowance that have not been utilized at the FY 20xx/20xx LCDBG program. CONSULTANT end of the project will remain with the CITY, the CONTRACTOR shall only be paid for services rendered under this agreement from funds allowed the proposed project cost as approved by the OCD for administrative costs under City Commission along with any Owner Contingency expenses or allowances that were approved by the provisions CITY’s authorized representative. 4.1.2 The total compensation amount may not be exceeded without a written amendment to this Agreement. A retainage of ten percent (10%) will be deducted from monthly payments until fifty percent (50%) of the grant awarded to the (City/Parish)project is complete. Payment Retainage will be made only on reduced to five percent (5%) thereafter. Retainage monies will be released upon satisfactory completion and final inspection of the work. Invoices must bear the project name, project number, bid number and purchase order number. CITY has up to thirty (30) days to review, approve and pay all invoices after receipt. CONTRACTOR shall invoice CITY and provide a written request to CITY to commence the one (1) year warranty period. All necessary Releases and Affidavits and 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 final payments shall be paid to CONSULTANT. CONSULTANT will processed before the warranty period begins. 4.2 All payments shall be compensated for travel in accordance with governed by 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 Local Government Prompt Payment Act, as set forth in Part IIIVII, Scope of Services for payment according to the appropriate method listed below:Chapter 218, Florida Statutes.