Common use of – COMPENSATION TO INSPECTOR Clause in Contracts

– COMPENSATION TO INSPECTOR. A. DISTRICT agrees to pay INSPECTOR in accordance with EXHIBIT “A”. The rates set forth in Exhibit “A” shall be valid for the entire term of this AGREEMENT and shall not be increased during the term of this AGREEMENT. Compensation shall be based on actual hours worked; the District does not allow for minimum hours. B. The CONSULTANT shall submit one (1) invoice monthly to the DISTRICT for the fees incurred during the billing period. Invoices for fees must reflect the date of the Service, identify the individual performing the Service, state the hours and days/dates worked and hourly rate charged, and describe all activities performed. Invoices requesting payment for overtime must reflect straight time and overtime hours being charged and must include a copy of the DISTRICT’s written authorization to incur additional overtime expense. No payments will be made by the DISTRICT to the INSPECTOR for monthly invoices requesting overtime absent the prior written authorization of the DISTRICT. The DISTRICT shall make payment to the INSPECTOR of the approved invoiced amount within forty-five (45) days of the DISTRICT’s receipt of the invoice. C. The DISTRICT may withhold, or on account of subsequently discovered evidence, nullify the whole or a part of any payment to such extent as may be necessary to protect the DISTRICT from loss, including costs and attorneys’ fees, on account of: 1) defective or deficient work product not remedied; 2) failure of the INSPECTOR to make payments properly to its employees or sub-consultants; 3) failure of INSPECTOR to perform its Services in a timely manner causing delay or disrupting to the PROJECT schedule; or 4) any amounts equal to the DISTRICT’s costs caused by the INSPECTOR’s errors or omissions, willful or reckless misconduct, or other breach of this AGREEMENT. D. This PROJECT is a public works project as defined in Labor Code section 1720. To the extent applicable, the CONSULTANT and all subcontractors performing the work for the PROJECT must comply with the Labor Code sections 1725.5 and 1771.1 and must be properly and currently registered with the California Department of Industrial Relations (“DIR”) and qualified to perform public works pursuant to Labor Code section 1725.5 throughout the duration of this AGREEMENT. Failure to comply with these requirements shall be deemed a material breach of this AGREEMENT and grounds for termination for cause. To the extent applicable, the CONSULTANT and all subcontractors shall furnish certified payroll records as required pursuant Labor Code section 1776 directly to the Labor Commissioner in accordance with Labor Code section 1771.4 on at least on a monthly basis (or more frequently if required by the DISTRICT or the Labor Commissioner) and in a format prescribed by the Labor Commissioner. Monitoring and enforcement of the prevailing wage laws and related requirements will be performed by the Labor Commissioner/ Department of Labor Standards Enforcement (DLSE).