Common use of PAYMENTS TO CONTRACTOR (USE FOR TERM CONTRACT) Clause in Contracts

PAYMENTS TO CONTRACTOR (USE FOR TERM CONTRACT). A. The total amount to be paid by the COUNTY under this Contract for services, materials and “out of pocket” expenses shall not exceed the rates as set forth in the Fee Schedule detailed in Exhibit “B”. Progress payments shall be due and payable as follows: a. The General Comparable Sales Data Book fee will be paid upon receipt and approval of the Basic Data/Sales Book. The fee will be calculated as 25% of the total appraisal fees for the project. b. The appraisal fee for each parcel will be paid after the appraisal report has been reviewed and accepted by the County. This includes any revisions or additions that may be required by the COUNTY to meet minimum appraisal requirements. Invoices will be processed by the Real Estate Management Division for payment within twenty (20) working days of receipt of appraisals or corrections. B. In the event the Contractor, through its fault, falls fifteen percent (15%) behind the project completion schedule, no further progress payments will be made until the CONTRACTOR brings the project back on schedule, a revised schedule is submitted and approved, or until all work has been completed. C. In the event this contract is terminated or canceled prior to completion, payment shall be made in accordance with the provisions of ARTICLE #3. D. If instructed, in writing, to do so by the COUNTY, the CONTRACTOR shall change or revise work that has been performed, and if such work is not required as a result of error, omission or negligence of the CONTRACTOR, the CONTRACTOR shall be entitled to additional compensation. The additional compensation shall be computed by the CONTRACTOR on a revised fee quotation proposal and submitted to the COUNTY for prior approval. The fee shall be agreed upon before commencement of any additional work and shall be incorporated by a change order to the purchase order. E. Travel and per diem charges shall be limited to special assignments outside of Orange County and shall not exceed the limits set forth in Section 112.061, Florida Statutes. F. One hundred percent (100%) of the appraisal fee for update services will be paid after the report is submitted and has been technically reviewed for value and determined that it meets the COUNTY’s minimum appraisal requirements. G. It is agreed that, for all work not proposed as a lump sum, the hourly rates for preparing appraisal reports, updating appraisal reports, preparing specific studies, attending conferences, pre-order of taking meetings, order of taking hearings, mediations, attendance at court hearings, preparation of court exhibits, pretrial appearance and time in trial testimony will be set forth in the Fee Schedule detailed in Exhibit “B”. The hourly rates shall include all costs associated with performance of the contract including travel (within Orange County) and out-of-pocket expenses. The time reported by the appraiser to perform the specific work related to litigation is subject to final approval by the Assistant County Attorney assigned to the case. The proposed fee and services shall be agreed upon before commencement of any additional work and shall be incorporated by a change order to the purchase order. H. Fees for sub-contractors shall be negotiated and contracted separately by the COUNTY. Also, the County reserves the right to use existing contracted contractors when they are able to provide the required services. I. All requests for payments must reference this contract number as well as the corresponding Purchase Order number. Only Purchase Orders are authorized for use under this contract. J. If the Contractor fails to fulfill the terms of this agreement and corresponding Purchase Order assignment by their quoted delivery date, the County may assess liquidated damages for the General Comparable Sales Data Book and for each undelivered appraisal report separately and individually. The amount of liquidated damages for the General Comparable Sales Data Book shall be one percent (1%) per calendar days and two percent (2%) per calendar day thereafter for such default between the due date and the date on which the parcel appraisal report is delivered to the Real Estate Management Division. The Contractor may be granted an extended delivery date only upon written approval of the Real Estate Management Division’s Manager or his designee. The stated percentages of liquidated damages are mutually agreed upon as a reasonable and propoer measure of damages the County will sustain by failure of the Contractor to complete the work within the specified time frame; the County and the Contractor recognize that the injury to the County that may result from failure of the Contractor to complete the work within the time stipulated is uncertain and cannot be computed exactly. In no way shall assessment of liquidated damages be construed as a penalty on the Contractor. K. The date of valuation of each individual appraisal report shall be the last date of the Contractor’s inspection of the property and shall be dated no more than twenty (20) calendar days prior to receipt of the appraisal report by the County or as agreed by the County. L. Failure to correct appraisal deficiencies within thity (30) days of notification by the County, will require the Contractor to update the appraisal without additional cost to the County unless an extension of time is granted in writing by the Real Estate Management Division’s Appraisal Program Manager or their designee. The date of valuation shall not be more than twenty (20) calendar days prior to receipt of the updated appraisal report by the County or as agreed by the County.

PAYMENTS TO CONTRACTOR (USE FOR TERM CONTRACT). A. The total amount to be paid by the COUNTY under this Contract for services, materials and “out of pocket” expenses shall not exceed the rates as set forth in the Fee Schedule detailed in Exhibit “B”. Progress payments shall be due and payable as follows: a. The General Comparable Sales Data Book fee will be paid upon receipt and approval of the Basic Data/Sales Book. The fee will be calculated as 25% of the total appraisal fees for the project. b. The appraisal fee for each parcel will be paid after the appraisal report has been reviewed and accepted by the County. This includes any revisions or additions that may be required by the COUNTY to meet minimum appraisal requirements. Invoices will be processed by the Real Estate Management Division for payment within twenty (20) working days of receipt of appraisals or corrections. B. In the event the Contractor, through its fault, falls fifteen percent (15%) behind the project completion schedule, no further progress payments will be made until the CONTRACTOR brings the project back on schedule, a revised schedule is submitted and approved, or until all work has been completed. C. In the event this contract is terminated or canceled prior to completion, payment shall be made in accordance with the provisions of ARTICLE #3. D. If instructed, in writing, to do so by the COUNTY, the CONTRACTOR shall change or revise work that has been performed, and if such work is not required as a result of error, omission or negligence of the CONTRACTOR, the CONTRACTOR shall be entitled to additional compensation. The additional compensation shall be computed by the CONTRACTOR on a revised fee quotation proposal and submitted to the COUNTY for prior approval. The fee shall be agreed upon before commencement of any additional work and shall be incorporated by a change order to the purchase order. E. Travel and per diem charges shall be limited to special assignments outside of Orange County and shall not exceed the limits set forth in Section 112.061, Florida Statutes. F. One hundred percent (100%) of the appraisal fee for update services will be paid after the report is submitted and has been technically reviewed for value and determined that it meets the COUNTY’s minimum appraisal requirements. G. It is agreed that, for all work not proposed as a lump sum, the hourly rates for preparing appraisal reports, updating appraisal reports, preparing specific studies, attending conferences, pre-order of taking meetings, order of taking hearings, mediations, attendance at court hearings, preparation of court exhibits, pretrial appearance and time in trial testimony will be set forth in the Fee Schedule detailed in Exhibit “B”. The hourly rates shall include all costs associated with performance of the contract including travel (within Orange County) and out-of-pocket expenses. The time reported by the appraiser to perform the specific work related to litigation is subject to final approval by the Assistant County Attorney assigned to the case. The proposed fee and services shall be agreed upon before commencement of any additional work and shall be incorporated by a change order to the purchase order. H. Fees for sub-contractors shall be negotiated and contracted separately by the COUNTY. Also, the County reserves the right to use existing contracted contractors when they are able to provide the required services. I. All requests for payments must reference this contract number as well as the corresponding Purchase Order number. Only Purchase Orders are authorized for use under this contract. J. If the Contractor fails to fulfill the terms of this agreement and corresponding Purchase Order assignment by their quoted delivery date, the County may assess liquidated damages for the General Comparable Sales Data Book and for each undelivered appraisal report separately and individually. The amount of liquidated damages for the General Comparable Sales Data Book shall be one percent (1%) per calendar days and two percent (2%) per calendar day thereafter for such default between the due date and the date on which the parcel appraisal report is delivered to the Real Estate Management Division. The Contractor may be granted an extended delivery date only upon written approval of the Real Estate Management Division’s Manager or his designee. The stated percentages of liquidated damages are mutually agreed upon as a reasonable and propoer proper measure of damages the County will sustain by failure of the Contractor to complete the work within the specified time frame; the County and the Contractor recognize that the injury to the County that may result from failure of the Contractor to complete the work within the time stipulated is uncertain and cannot be computed exactly. In no way shall assessment of liquidated damages be construed as a penalty on the Contractor. K. The date of valuation of each individual appraisal report shall be the last date of the Contractor’s inspection of the property and shall be dated no more than twenty (20) calendar days prior to receipt of the appraisal report by the County or as agreed by the County. L. Failure to correct appraisal deficiencies within thity thirty (30) days of notification by the County, will require the Contractor to update the appraisal without additional cost to the County unless an extension of time is granted in writing by the Real Estate Management Division’s Appraisal Program Manager or their designee. The date of valuation shall not be more than twenty (20) calendar days prior to receipt of the updated appraisal report by the County or as agreed by the County.

PAYMENTS TO CONTRACTOR (USE FOR TERM CONTRACT). A. The total amount to be paid by the COUNTY under this Contract for services, materials and “out of pocket” expenses shall not exceed the rates as set forth in the Fee Schedule detailed in Exhibit “B”. Progress payments shall be due and payable as follows: a. The General Comparable Sales Data Book fee will be paid upon receipt and approval of the Basic Data/Sales Book. The fee will be calculated as 25% of the total appraisal fees for the project. b. The appraisal fee for each parcel will be paid after the appraisal report has been reviewed and accepted by the County. This includes any revisions or additions that may be required by the COUNTY to meet minimum appraisal requirements. Invoices will be processed by the Real Estate Management Division for payment within twenty (20) working days of receipt of appraisals or corrections. B. In the event the Contractor, through its fault, falls fifteen percent (15%) behind the project completion schedule, no further progress payments will be made until the CONTRACTOR brings the project back on schedule, a revised schedule is submitted and approved, or until all work has been completed. C. In the event this contract is terminated or canceled prior to completion, payment shall be made in accordance with the provisions of ARTICLE #3. D. If instructed, in writing, to do so by the COUNTY, the CONTRACTOR shall change or revise work that has been performed, and if such work is not required as a result of error, omission or negligence of the CONTRACTOR, the CONTRACTOR shall be entitled to additional compensation. The additional compensation shall be computed by the CONTRACTOR on a revised fee quotation proposal and submitted to the COUNTY for prior approval. The fee shall be agreed upon before commencement of any additional work and shall be incorporated by a change order to the purchase order. E. Travel and per diem charges shall be limited to special assignments outside of Orange County and shall not exceed the limits set forth in Section 112.061, Florida Statutes. F. One hundred percent (100%) of the appraisal fee for update services will be paid after the report is submitted and has been technically reviewed for value and determined that it meets the COUNTY’s minimum appraisal requirements. G. It is agreed that, for all work not proposed as a lump sum, the hourly rates for preparing appraisal reports, updating appraisal reports, preparing specific studies, attending conferences, pre-order of taking meetings, order of taking hearings, mediations, attendance at court hearings, preparation of court exhibits, pretrial appearance and time in trial testimony will be set forth in the Fee Schedule detailed in Exhibit “B”. The hourly rates shall include all costs associated with performance of the contract including travel (within Orange County) and out-of-pocket expenses. The time reported by the appraiser to perform the specific work related to litigation is subject to final approval by the Assistant County Attorney assigned to the case. The proposed fee and services shall be agreed upon before commencement of any additional work and shall be incorporated by a change order to the purchase order. H. Fees X. Xxxx for sub-contractors shall be negotiated and contracted separately by the COUNTY. Also, the County reserves the right to use existing contracted contractors when they are able to provide the required services. I. All requests for payments must reference this contract number as well as the corresponding Purchase Order number. Only Purchase Orders are authorized for use under this contract. J. If the Contractor fails to fulfill the terms of this agreement and corresponding Purchase Order assignment by their quoted delivery date, the County may assess liquidated damages for the General Comparable Sales Data Book and for each undelivered appraisal report separately and individually. The amount of liquidated damages for the General Comparable Sales Data Book shall be one percent (1%) per calendar days and two percent (2%) per calendar day thereafter for such default between the due date and the date on which the parcel appraisal report is delivered to the Real Estate Management Division. The Contractor may be granted an extended delivery date only upon written approval of the Real Estate Management Division’s Manager or his designee. The stated percentages of liquidated damages are mutually agreed upon as a reasonable and propoer proper measure of damages the County will sustain by failure of the Contractor to complete the work within the specified time frame; the County and the Contractor recognize that the injury to the County that may result from failure of the Contractor to complete the work within the time stipulated is uncertain and cannot be computed exactly. In no way shall assessment of liquidated damages be construed as a penalty on the Contractor. K. The date of valuation of each individual appraisal report shall be the last date of the Contractor’s inspection of the property and shall be dated no more than twenty (20) calendar days prior to receipt of the appraisal report by the County or as agreed by the County. L. Failure to correct appraisal deficiencies within thity thirty (30) days of notification by the County, will require the Contractor to update the appraisal without additional cost to the County unless an extension of time is granted in writing by the Real Estate Management Division’s Appraisal Program Manager or their designee. The date of valuation shall not be more than twenty (20) calendar days prior to receipt of the updated appraisal report by the County or as agreed by the County.