Common use of Compensation to Contractor Clause in Contracts

Compensation to Contractor. a. COST REIMBURSEMENT CONTRACT 1. For Non-Profit Agencies, OMB Circular A-122. 2. For Local Governments, OMB Circular A-87. 3. For Public and Nonprofit Institutions of Higher Education, OMB Circular A-121. 4. For Profit Making Organization, 41 CFR Part 1. (i) If CONTRACTOR provides any tasks, deliverables, goods, services, or other work, other than as specified in this contract, the same will be deemed to be a gratuitous effort on the part of the CONTRACTOR, and the CONTRACTOR will have no claim whatsoever against COUNTY. b. COST REIMBURSEMENT CLAIM (i) Prior to submittal, cost reimbursement claims must be certified and signed by a responsible officer of CONTRACTOR with authority to certify that the information submitted by CONTRACTOR is accurate and CONTRACTOR is entitled to payment under the terms of the contract. COUNTY may rely on said certification in making payment, but this payment will not constitute a waiver of any of COUNTY's legal rights or objections. (ii) If the cost reimbursement claim is in proper form and the items billed are payable under this contract, COUNTY will make payment to CONTRACTOR within twenty- one (21) working days after receipt of the cost reimbursement claim. (iii) COUNTY will not be required to make payment if the amount claimed is not in accordance with the provisions of this contract. All payments under this contract will be made directly to CONTRACTOR as a corporate entity. Under no circumstances will COUNTY be required to make payments in any amount pursuant to this contract to any other parties, including individual employees or creditors of CONTRACTOR. (iv) COUNTY is not obligated to reimburse CONTRACTOR for any expenditure not reported to COUNTY within sixty (60) calendar days after the end of the last month of the contract term.

Compensation to Contractor. a. COST REIMBURSEMENT CONTRACT 1In consideration of the performance of the Services by Contractor under this Contract, Client shall promptly reimburse Contractor for all costs incurred in providing the Services and shall pay to Contractor a Fee as set forth in Exhibit B hereto in accordance with the payment terms of Article IV hereof. For Non-Profit AgenciesARTICLE IV - PAYMENTS Contractor shall submit invoices to Client on a monthly basis for all labor (including payroll expenses and employee benefits). All labor expenses shall be billed in advance along with a mark up of 6% fee. Materials, OMB Circular A-122. 2equipment, tools, supplies and other costs incurred in the preceding month in providing the Services, will be billed in arrears along with a mark up of 6% fee, excepting those costs incurred and processed directly by the Client. For Local GovernmentsSubcontract costs incurred in the preceding month in providing the Services, OMB Circular A-87. 3will be billed in arrears along with a mark up of 5% fee. For Public and Nonprofit Institutions Each monthly invoice shall be paid in full by Client within thirty (30) days of Higher Education, OMB Circular A-121. 4receipt of invoice. For Profit Making Organization, 41 CFR Part 1. (i) If CONTRACTOR provides any tasks, deliverables, goods, services, or other work, other than as specified ARTICLE V - CHANGES The Client may make changes in the Services provided by Contractor under this contractContract. In the event of a change in the Services, the same will be deemed Client and Contractor shall issue a written Amendment to be a gratuitous effort on the part of the CONTRACTOR, and the CONTRACTOR will have no claim whatsoever against COUNTY. b. COST REIMBURSEMENT CLAIM (i) Prior this Contract agreed to submittal, cost reimbursement claims must be certified and signed by a responsible officer of CONTRACTOR with authority to certify that the information submitted by CONTRACTOR is accurate and CONTRACTOR is entitled to payment under the terms authorized representatives of the contractClient and Contractor which sets forth a description of the change and the resulting increase or decrease, if any, to the amount payable to Contractor under this Contract. COUNTY Contractor shall be reimbursed for all additional costs caused by any change to the Services in accordance with Article IV hereof. ARTICLE VI - TERMINATION This Contract may rely on said certification be terminated by either party without cause at the end of the initial term or at any time by giving sixty (60) days’ written notice to the other party. Any amounts due to Contractor by the Client under this Contract shall be pro-rated to the effective date of termination. If the Client fails to pay any amount to Contractor when due under this Contract, Contractor may terminate this Contract after ten (10) days’ written notice to Client of such default in making payment. In the event Contractor should become bankrupt, but this insolvent, fail to pay for materials or services of which it has received payment will not constitute a waiver from the Client, make an assignment or arrangement for the benefit of creditors, refuse or neglect to perform the Services properly, diligently and in accordance with the Contract Documents, or otherwise default under any of COUNTY's legal rights the provisions of this Contract, and Contractor should fail to commence good faith efforts to cure or objections. to correct all such events of default within five (ii5) If the cost reimbursement claim is in proper form and the items billed are payable under this contract, COUNTY will make payment to CONTRACTOR within twenty- one (21) working days after receipt of written notice of default from the cost reimbursement claim. (iii) COUNTY will not be required Client, then Client may at its option terminate this Contract and Contractor’s right to make payment if proceed with all or any part of the Services, take possession of all materials, equipment, tools and supplies purchased for performance of the Services and for which Contractor has been paid, and finish such terminated Services by such reasonable means as the Client sees fit. Contractor shall assign to the Client any existing subcontracts, purchase orders or purchase agreements for goods or services in connection with the Services upon request by the Client. Upon a termination of this Contract by either party, with or without cause, the Client shall pay to Contractor the amount claimed of any and all unpaid costs incurred by Contractor in providing the Services through and including the effective date of termination. In addition, if this Contract is not in accordance with terminated, the provisions of this contract. All payments under this contract will be made directly Client shall pay to CONTRACTOR as a corporate entity. Under no circumstances will COUNTY be required to make payments in any amount pursuant to this contract to any other parties, including individual employees or creditors of CONTRACTOR. (iv) COUNTY is not obligated to reimburse CONTRACTOR for any expenditure not reported to COUNTY within sixty (60) calendar days after Contractor the end earned and unpaid balance of the last month Fee of the contract termContractor.

Compensation to Contractor. a. COST REIMBURSEMENT CONTRACTCost Reimbursement Contract 1) Fee structure for this CONTRACTOR will be cost reimbursement. CONTRACTOR will be paid by COUNTY in accordance with Exhibit E: Budget Plan, for the performance of services as outlined in Exhibit B-2: Scope of Services, up to the maximum financial obligation. 2) CONTRACTOR will be reimbursed by COUNTY for its actual, reasonable, necessary, and allowable costs incurred up to the maximum compensation, for the performance of services as specified in this contract. These costs will also be in accordance with current cost principles and with all other requirements of this contract: a) For Non-Profit Agencies, OMB Circular A-122. 2. b) For Local Governments, OMB Circular A-87. 3. c) For Public and Nonprofit Institutions of Higher Education, OMB Circular A-121X- 000. 4. d) For Profit Making Organization, 41 CFR Part 1. (i3) If CONTRACTOR provides any tasks, deliverables, goods, services, or other work, other than as specified in this contract, the same will be deemed to be a gratuitous effort on the part of the CONTRACTOR, and the CONTRACTOR will have no claim whatsoever against COUNTY. b. COST REIMBURSEMENT CLAIMCost Reimbursement Claim 1) CONTRACTOR must submit to COUNTY a cost reimbursement claim in a form approved by COUNTY, by the tenth (i10th) working day of each month for services performed during the preceding month. 2) Prior to submittal, cost reimbursement claims must be certified and signed by a responsible officer of CONTRACTOR with authority to certify that the information submitted by CONTRACTOR is accurate and CONTRACTOR is entitled to payment under the terms of the contract. COUNTY may rely on said certification in making payment, but this payment will not constitute a waiver of any of COUNTY's legal rights or objections. (ii3) If the cost reimbursement claim is in proper form and the items billed are payable under this contract, COUNTY will make payment to CONTRACTOR within twenty- twenty-one (21) working days after receipt of the cost reimbursement claim. (iii4) COUNTY will not be required to make payment if the amount claimed is not in accordance with the provisions of this contract. All payments under this contract will be made directly to CONTRACTOR as a corporate entity. Under no circumstances will COUNTY be required to make payments in any amount pursuant to this contract to any other parties, including individual employees or creditors of CONTRACTOR. (iv5) COUNTY is not obligated to reimburse CONTRACTOR for any expenditure not reported to COUNTY within sixty (60) calendar days after the end of the last month of the contract term.

Compensation to Contractor. a. COST REIMBURSEMENT CONTRACTCost Reimbursement Contract CONTRACTOR will be reimbursed by COUNTY for its actual, reasonable, necessary, and allowable costs incurred up to the maximum compensation, for the performance of services as specified in this contract. These costs will also be in accordance with current cost principles and with all other requirements of this contract: 1. For Non-Profit Agencies, OMB Circular A-122. 2. For Local Governments, OMB Circular A-87. 3. For Public and Nonprofit Institutions of Higher Education, OMB Circular A-121. 4. For Profit Making OrganizationOrganizations, 41 CFR Part 1. (i) If b. Cost Reimbursement Claim CONTRACTOR provides any tasksmust submit to COUNTY a cost reimbursement claim in a form approved by COUNTY, deliverables, goods, services, or other work, other than as specified in this contract, by the same will be deemed to be a gratuitous effort on tenth working day of each month for services performed during the part of the CONTRACTOR, and the CONTRACTOR will have no claim whatsoever against COUNTYpreceding month. b. COST REIMBURSEMENT CLAIM (i) 1. Prior to submittal, cost reimbursement claims must be certified and signed by a responsible officer of CONTRACTOR with authority to certify that the information submitted by CONTRACTOR is accurate and CONTRACTOR is entitled to payment under the terms of the contract. COUNTY may rely on said certification in making payment, but this payment will not constitute a waiver of any of COUNTY's ’s legal rights or objections. (ii) 2. If the cost reimbursement claim is in proper form and the items billed are payable under this contract, COUNTY will make payment to CONTRACTOR within twenty- one (21) working days after receipt of the cost reimbursement claimCONTRACTOR. (iii) 3. COUNTY will not be required to make payment if the amount claimed is not in accordance with the provisions of this contract. All payments under this contract will be made directly to CONTRACTOR as a corporate entity. Under no circumstances will COUNTY be required to make payments in any amount pursuant to this contract to any other parties, including individual employees or creditors of CONTRACTOR. (iv) COUNTY is not obligated to reimburse CONTRACTOR for any expenditure not reported to COUNTY within sixty (60) calendar days after the end of the last month of the contract term.

Compensation to Contractor. a. COST REIMBURSEMENT CONTRACTCost Reimbursement Contract 1) Fee structure for this CONTRACTOR will be cost reimbursement. CONTRACTOR will be paid by COUNTY in accordance with Exhibit E: Budget Plan, for the performance of services as outlined in Exhibit B: Scope of Services, up to the maximum financial obligation. 2) CONTRACTOR will be reimbursed by COUNTY for its actual, reasonable, necessary, and allowable costs incurred up to the maximum compensation, for the performance of services as specified in this contract. These costs will also be in accordance with current cost principles and with all other requirements of this contract: a) For Non-Profit Agencies, OMB Circular A-122. 2. b) For Local Governments, OMB Circular A-87. 3. c) For Public and Nonprofit Institutions of Higher Education, OMB Circular A-121X- 000. 4. d) For Profit Making Organization, 41 CFR Part 1. (i3) If CONTRACTOR provides any tasks, deliverables, goods, services, or other work, other than as specified in this contract, the same will be deemed to be a gratuitous effort on the part of the CONTRACTOR, and the CONTRACTOR will have no claim whatsoever against COUNTY. b. COST REIMBURSEMENT CLAIMCost Reimbursement Claim 1) CONTRACTOR must submit to COUNTY a cost reimbursement claim in a form approved by COUNTY, by the tenth (i10th) working day of each month for services performed during the preceding month. 2) Prior to submittal, cost reimbursement claims must be certified and signed by a responsible officer of CONTRACTOR with authority to certify that the information submitted by CONTRACTOR is accurate and CONTRACTOR is entitled to payment under the terms of the contract. COUNTY may rely on said certification in making payment, but this payment will not constitute a waiver of any of COUNTY's legal rights or objections. (ii3) If the cost reimbursement claim is in proper form and the items billed are payable under this contract, COUNTY will make payment to CONTRACTOR within twenty- twenty-one (21) working days after receipt of the cost reimbursement claim. (iii4) COUNTY will not be required to make payment if the amount claimed is not in accordance with the provisions of this contract. All payments under this contract will be made directly to CONTRACTOR as a corporate entity. Under no circumstances will COUNTY be required to make payments in any amount pursuant to this contract to any other parties, including individual employees or creditors of CONTRACTOR. (iv5) COUNTY is not obligated to reimburse CONTRACTOR for any expenditure not reported to COUNTY within sixty (60) calendar days after the end of the last month of the contract term.