Common use of Not to Exceed Compensation Clause in Contracts

Not to Exceed Compensation. The compensation to be paid to CONSULTANT for performance of the Services described in Section 1 and Exhibit “A” of this Agreement shall not exceed Seven Hundred Thousand Dollars ($700,000.00) per contract year , provided, however, CONSULTANT acknowledges that the compensation paid to it likely will be less than $700,000 per contract year, as CITY has appropriated that amount to payments to be made under ten on-call contracts, of which this Agreement is one. The ten on-call contracts shall be administered by the Information Technology Department to ensure the total aggregate of compensation paid per contract year for these GIS on-call project support services across all such contracts will not exceed Seven Hundred Thousand Dollars ($700,000.00) per contract year, with a total not to exceed contract amount of Three Million Five Hundred Thousand Dollars ($3,500,000) over the term of the Agreement. The applicable rate schedule by which CONSULTANT will be paid for Services rendered under this Agreement is set out at Exhibit “C- 1”, entitled “HOURLY RATE SCHEDULE”. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation as set forth herein shall be at no cost to the CITY. The CITY is hiring ten consultants, none of whom, including the CONSULTANT under this Agreement, is guaranteed or assured of any minimum quantity of work to be performed. If work is performed by any one or more such consultants, CITY will ensure that total compensation to all such consultants will not exceed in the aggregate Seven Hundred Thousand Dollars ($700,000) per contract year.

Not to Exceed Compensation. The compensation to be paid to CONSULTANT for performance of the Services described in Section 1 and Exhibit “A” of this Agreement shall not exceed Seven Four Hundred Eighty Thousand Dollars ($700,000.00480,000.00) per contract year , provided, however, CONSULTANT acknowledges that the compensation paid to it likely will be less than $700,000 480,000 per contract year, as CITY has appropriated that amount to payments to be made under ten seven on-call contracts, of which this Agreement is one. The ten seven on-call contracts shall be administered by the Information Technology Department to ensure the total aggregate of compensation paid per contract year for these GIS on-call project support services across all such contracts will not exceed Seven Four Hundred Eighty Thousand Dollars ($700,000.00480,000.00) per contract year, with a total not to exceed contract amount of Three Two Million Five Four Hundred Thousand Dollars ($3,500,0002,400,000) over the term of the Agreement. The applicable rate schedule by which CONSULTANT will be paid for Services rendered under this Agreement is set out at Exhibit “C- 1”, entitled “HOURLY RATE SCHEDULE”. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation as set forth herein shall be at no cost to the CITY. The CITY is hiring ten Seven (7) consultants, none of whom, including the CONSULTANT under this Agreement, is guaranteed or assured of any minimum quantity of work to be performed. If work is performed by any one or more such consultants, CITY will ensure that total compensation to all such consultants will not exceed in the aggregate Seven Four Hundred Eighty Thousand Dollars ($700,000480,000) per contract year.

Not to Exceed Compensation. The compensation to be paid to CONSULTANT for performance of the Services described in Section 1 and Exhibit “A” of this Agreement shall not exceed Seven Three Hundred Fifty Thousand Dollars ($700,000.00350,000.00) per contract year , provided, however, CONSULTANT acknowledges that the compensation paid to it likely will be less than $700,000 350,000 per contract year, as CITY has appropriated that amount to payments to be made under ten six on-call contracts, of which this Agreement is one. The ten six on-call contracts shall be administered by the Information Technology Department to ensure the total aggregate of compensation paid per contract year for these GIS SAP on-call project support services across all such contracts will not exceed Seven Three Hundred Fifty Thousand Dollars ($700,000.00350,000.00) per contract year, with a total not to exceed contract amount of Three One Million Five Seven Hundred Fifty Thousand Dollars ($3,500,0001,750,000) over the term of the Agreement. The applicable rate schedule by which CONSULTANT will be paid for Services rendered under this Agreement is set out at Exhibit “C- 1”, entitled “HOURLY RATE SCHEDULE”. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation as set forth herein shall be at no cost to the CITY. The CITY is hiring ten six consultants, none of whom, including the CONSULTANT under this Agreement, is guaranteed or assured of any minimum quantity of work to be performed. If work is performed by any one or more such consultants, CITY will ensure that total compensation to all such consultants will not exceed in the aggregate Seven Three Hundred Fifty Thousand Dollars ($700,000350,000) per contract year.

Not to Exceed Compensation. The compensation to be paid to CONSULTANT for performance of the Services described in Section 1 and Exhibit “A” of this Agreement (“Basic Services”), and reimbursable expenses, shall not exceed Seven Two Hundred Thousand Dollars ($700,000.00200,000.00) per contract year, for an overall five year not to exceed amount of One Million Dollars (1,000,000). CONSULTANT agrees to complete all Basic Services, providedincluding reimbursable expenses, however, within this amount; provided however CONSULTANT acknowledges that the compensation paid to it likely will be less than $700,000 per contract year, 200,000.00 as CITY has appropriated that amount to payments to be made under ten on-call three contracts, of which this Agreement is one. The ten on-call three contracts shall be administered by the Information Technology Department City Manager’s Office to ensure that the total aggregate of compensation paid per contract year for these GIS on-call project support services across all such three contracts will not exceed Seven Two Hundred Thousand Dollars ($700,000.00) per contract year200,000.00), with a total not to exceed contract amount of Three Million Five Hundred Thousand Dollars ($3,500,000) over the term of the Agreement. The applicable rate rates and schedule by which CONSULTANT will be paid for Services rendered under this Agreement is of payment are set out at Exhibit “C- 1C-1”, entitled “HOURLY RATE SCHEDULE”SCHEDULE OF RATES,” which is attached to and made a part of this Agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation as set forth herein shall be at no cost to the CITY. The Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY is hiring ten consultants, none of whom, including the CONSULTANT under this Agreement, is guaranteed or assured of any minimum quantity of work to be performed. If work necessary for the proper completion of the Project, but which is performed by any one or more such consultants, CITY will ensure that total compensation to all such consultants will not exceed in included within the aggregate Seven Hundred Thousand Dollars ($700,000) per contract yearScope of Services described at Exhibit “A”.

Not to Exceed Compensation. The compensation to be paid to CONSULTANT for performance of the Services described in Section 1 and Exhibit “A” of this Agreement (“Basic Services”), and reimbursable expenses, shall not exceed Seven Two Hundred Thousand Dollars ($700,000.00200,000.00) per contract year, for an overall five year not to exceed amount of One Million Dollars ($1,000,000). CONSULTANT agrees to complete all Basic Services, providedincluding reimbursable expenses, however, within this amount; provided however CONSULTANT acknowledges that the compensation paid to it likely will be less than $700,000 per contract year, 200,000.00 as CITY has appropriated that amount to payments to be made under ten on-call three contracts, of which this Agreement is one. The ten on-call three contracts shall be administered by the Information Technology Department City Manager’s Office to ensure that the total aggregate of compensation paid per contract year for these GIS on-call project support services across all such three contracts will not exceed Seven Two Hundred Thousand Dollars ($700,000.00) per contract year200,000.00), with a total not to exceed contract amount of Three Million Five Hundred Thousand Dollars ($3,500,000) over the term of the Agreement. The applicable rate rates and schedule by which CONSULTANT will be paid for Services rendered under this Agreement is of payment are set out at Exhibit “C- 1C-1”, entitled “HOURLY RATE SCHEDULE”SCHEDULE OF RATES,” which is attached to and made a part of this Agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation as set forth herein shall be at no cost to the CITY. The Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY is hiring ten consultants, none of whom, including the CONSULTANT under this Agreement, is guaranteed or assured of any minimum quantity of work to be performed. If work necessary for the proper completion of the Project, but which is performed by any one or more such consultants, CITY will ensure that total compensation to all such consultants will not exceed in included within the aggregate Seven Hundred Thousand Dollars ($700,000) per contract yearScope of Services described at Exhibit “A”.

Not to Exceed Compensation. The compensation to be paid to CONSULTANT for performance of the Services described in Section 1 and Exhibit “A” of this Agreement shall not exceed Seven Hundred Thousand Dollars ($700,000.00) per contract year , provided, however, CONSULTANT acknowledges that the compensation paid to it likely will be less than $700,000 per contract year, as CITY has appropriated that amount to payments to be made under ten on-call contracts, of which this Agreement is one. The ten on-call contracts shall be administered by the Information Technology Department to ensure the total aggregate of compensation paid per contract year for these GIS on-call project support services across all such contracts will not exceed Seven Hundred Thousand Dollars ($700,000.00) per contract year, with a total not to exceed contract amount of Three Million Five Hundred Thousand Dollars ($3,500,000) over the term of the Agreement. The applicable rate schedule by which CONSULTANT will be paid for Services rendered under this Agreement is set out at Exhibit “C- 1C-1”, entitled “HOURLY RATE SCHEDULE”. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation as set forth herein shall be at no cost to the CITY. The CITY is hiring ten consultants, none of whom, including the CONSULTANT under this Agreement, is guaranteed or assured of any minimum quantity of work to be performed. If work is performed by any one or more such consultants, CITY will ensure that total compensation to all such consultants will not exceed in the aggregate Seven Hundred Thousand Dollars ($700,000) per contract year.

Not to Exceed Compensation. The compensation to be paid to CONSULTANT for performance of the Services described in Section 1 and Exhibit “A” of this Agreement shall not exceed Seven Three Hundred Fifty Thousand Dollars ($700,000.00350,000.00) per contract year year, provided, however, CONSULTANT acknowledges that the compensation paid to it likely will be less than $700,000 350,000.00 per contract year, as CITY has appropriated that amount to payments to be made under ten six on-call contracts, of which this Agreement is one. The ten six on-call contracts shall be administered by the Information Technology Department to ensure the total aggregate of compensation paid per contract year for these GIS SAP on-call project support services across all such contracts will not exceed Seven Three Hundred Fifty Thousand Dollars ($700,000.00350,000.00) per contract year, with a total not to exceed contract amount of Three One Million Five Seven Hundred Fifty Thousand Dollars ($3,500,0001,750,000) over the term of the Agreement. The applicable rate schedule by which CONSULTANT will be paid for Services rendered under this Agreement is set out at Exhibit “C- 1”, entitled “HOURLY RATE SCHEDULE”. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation as set forth herein shall be at no cost to the CITY. The CITY is hiring ten six consultants, none of whom, including the CONSULTANT under this Agreement, is guaranteed or assured of any minimum quantity of work to be performed. If work is performed by any one or more such consultants, CITY will ensure that total compensation to all such consultants will not exceed in the aggregate Seven Three Hundred Fifty Thousand Dollars ($700,000350,000) per contract year.

Not to Exceed Compensation. The compensation to be paid to CONSULTANT for performance of any of the Services described in Section 1 and Exhibit “A” of this Agreement (“Basic Services”), and reimbursable expenses, shall not exceed Seven Hundred Thousand One Million Dollars ($700,000.001,000,000) per contract year , provided, however, CONSULTANT acknowledges that the compensation paid to it likely will be less than $700,000 per contract fiscal year, as CITY has appropriated that and in an aggregate amount to payments to be made under ten on-call contractsshall not exceed Five Million Dollars ($5,000,000), over the five year Term, across a total of three consultant agreements (C201745597A, C20174597B, C20274597C), of which this Agreement is one. The ten on-call contracts shall three agreements will be administered by the Information Technology Department CITY’s UTILITIES DEPARTMENT to ensure the total aggregate amount of compensation paid per contract year for these GIS on-call project support services across fiscal year, and over the Term does not exceed the amounts set forth herein. Consultant acknowledges and agrees that the CITY is hiring three consultants, including CONSULTANT, none of whom will be guaranteed or assured of any specific quantity of Services to be performed. If the Services are performed by any one or more consultants, including CONSULTANT, CITY will ensure that total compensation to all such contracts three consultants, including CONSULTANT, will not exceed Seven Hundred Thousand in aggregate, across all three consultant agreements, One Million Dollars ($700,000.001,000,000) per contract fiscal year, with a total and will not to exceed contract amount of Three in aggregate Five Million Five Hundred Thousand Dollars ($3,500,0005,000,000) over the term of five year Term across all three consultant agreements. CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the Agreementevent Additional Services are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses shall not exceed One Million Dollars ($1,000,000). The applicable rate rates and schedule by which CONSULTANT will be paid for Services rendered under this Agreement is of payment are set out at Exhibit “C- 1C-1”, entitled “HOURLY RATE SCHEDULE”,” which is attached to and made a part of this Agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation as set forth herein shall be at no cost to the CITY. The Additional Services, if any, shall be authorized in a Task Order, in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any services that are determined by CITY is hiring ten consultants, none of whom, including the CONSULTANT under this Agreement, is guaranteed or assured of any minimum quantity of work to be performed. If work is performed by any one or more such consultantsnecessary for the proper completion of the Project, CITY will ensure that total compensation to all such consultants will but which are not exceed included within the Scope of Basic Services described in the aggregate Seven Hundred Thousand Dollars ($700,000) per contract yearExhibit “A”.

Not to Exceed Compensation. The compensation to be paid to CONSULTANT for performance of the Services described in Section 1 and Exhibit “A” of this Agreement (“Basic Services”), and reimbursable expenses, shall not exceed Seven the sum of Two Hundred Thousand T hous a nd Dollars ($700,000.00200,000.00) per contract year, for an overall five year not to exceed amount of One Million Dollars ($1,000,000). CONSULTANT agrees to complete all Basic Services, providedincluding reimbursable expenses, however, within this amount; provided however CONSULTANT acknowledges that the compensation paid to it likely will be less than $700,000 200,000.00 per contract year, year as CITY has appropriated that amount to payments to be made under ten on-call three contracts, of which this Agreement is one. The ten on-call three contracts shall be administered by the Information Technology Department City Manager’s Office to ensure that the total aggregate of compensation paid per contract year for these GIS on-call project support services across all such three contracts will not exceed Seven Two Hundred Thousand Dollars ($700,000.00200,000.00) per contract year, with a total not to exceed contract amount of Three Million Five Hundred Thousand Dollars ($3,500,000) over the term of the Agreement. The applicable rate rates and schedule by which CONSULTANT will be paid for Services rendered under this Agreement is of payment are set out at Exhibit “C- 1C-1”, entitled “HOURLY RATE SCHEDULE”SCHEDULE OF RATES,” which is attached to and made a part of this Agreement. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation as set forth herein shall be at no cost to the CITY. The Additional Services, if any, shall be authorized in accordance with and subject to the provisions of Exhibit “C”. CONSULTANT shall not receive any compensation for Additional Services performed without the prior written authorization of CITY. Additional Services shall mean any work that is determined by CITY is hiring ten consultants, none of whom, including the CONSULTANT under this Agreement, is guaranteed or assured of any minimum quantity of work to be performed. If work necessary for the proper completion of the Project, but which is performed by any one or more such consultants, CITY will ensure that total compensation to all such consultants will not exceed in included within the aggregate Seven Hundred Thousand Dollars ($700,000) per contract yearScope of Services described at Exhibit “A”.