Salary Costs. The term Salary Costs as used herein shall mean the hourly rate actually paid to all personnel engaged directly on the Project, as adjusted by an overall multiplier which consists of the following: 1) a fringe benefits factor; 2) an overhead factor; and, 3) an operating margin, as set forth on Exhibit B. Said Salary Costs are to be used only for time directly attributable to the Project. The fringe benefit and overhead factors shall be certified by an independent Certified Public Accountant in accordance with the Federal Acquisition Regulation ("FAR") guidelines. Said certification shall be dated within one hundred eighty (180) days after Consultant's most recently completed fiscal year. If the certification for the most recently completed fiscal year is not available at the time of contracting, the certification shall be provided when it becomes available; provided however, Consultant certifies that the rates and factors set forth herein are accurate, complete, and consistent with the FAR guidelines at the time of contracting. If applicable, Exhibit B(s) shall be modified to reflect any reduction in the FAR audited overhead and fringe benefit rates from the rates provided at the time of contracting. The modified Exhibit B shall be effective retroactive to the date of execution of the Agreement, and if applicable, the Consultant shall reimburse the County for any overbilling. 5.2.1 Consultant shall require all of its subconsultants to comply with the requirements of Section 5.2. 5.2.2 Salary Costs for Consultant and subconsultants as shown in Exhibit B are the Maximum Billing Rates and are provisional, subject to audit of actual costs. If the audit discloses that the actual costs are less than the costs set forth on Exhibit B for the Consultant or any subconsultant, the Consultant shall reimburse the County based upon the actual costs determined by the audit. 5.2.3 Unless otherwise noted, the Salary Costs stated above are based upon the Consultant's "home office" rates. Should it become appropriate during the course of the agreement that a "field office" rate be applied, then it is incumbent upon the Consultant to submit a supplemental Exhibit B reflective of such rates for approval by Contract Administrator and invoice the County accordingly. 5.2.4 The total hours payable by the County for any "exempt" or "non-exempt" personnel shall not exceed forty (40) hours per employee in any week. In the event the Work requires Consultant’s or subconsultant’s personnel to work in excess of 40 hours per week, additional hours must be authorized in advance, in writing, by the Contract Administrator. If approved, Salary Costs for additional hours of service provided by nonexempt (hourly) employees or exempt (salaried) employees shall be invoiced to the County in a manner consistent with the Consultant’s or subconsultant’s applicable certified FAR audit and all other provisions of Section 5.2. In the event a “Safe Harbor” rate is elected for use by the Consultant or subconsultant, then the additional hours are payable at no more than the maximum rates established in Exhibit B. 5.2.5 Consultant and any of its subconsultants may alternatively use a “Safe Harbor” combined fringe benefit and overhead rate of 110% in lieu of providing fringe benefit and overhead cost factors certified by an independent Certified Public Accountant in accordance with the Federal Acquisition Regulation (“FAR”) guidelines. The Safe Harbor rate, once elected, shall remain in place for the entire term of the Agreement, and be applicable for use as “home” and “field” fringe benefit and overhead rates, if applicable, and shall not be subject to audit under this Agreement. All other provisions of Section 5.2 remain in place.
Appears in 3 contracts
Samples: Consultant Services Agreement, Consultant Services Agreement, Consultant Services Agreement
Salary Costs. The term Salary Costs as used herein shall mean the hourly rate actually paid to all personnel engaged directly on the Project, as adjusted by an overall multiplier which consists of the following: 1) a fringe benefits factor; 2) an overhead factor; and, and 3) an operating margin, margin as set forth on Exhibit B. Said Salary Costs are to be used only for time directly attributable to the Projectproject. The fringe benefit and overhead factors shall be certified by an independent Certified Public Accountant in accordance with the Federal Acquisition Regulation ("“FAR"”) guidelines. Said certification shall be dated within one hundred eighty (180) days after Consultant's ’s most recently completed fiscal year. If the certification for the most recently completed fiscal year is not available at the time of contracting, the certification shall be provided when it becomes available; provided however, Consultant certifies that the rates and factors set forth herein are accurate, complete, and consistent with the FAR guidelines at the time of contracting. If applicable, Exhibit B(s) B shall be modified to reflect any reduction in the FAR audited overhead and fringe benefit rates from the rates provided at the time of contracting. The modified Exhibit B shall be effective retroactive to the date of execution of the Agreement, and if applicable, the Consultant shall reimburse the County for any overbilling.
5.2.1 Consultant shall require all of its subconsultants to comply with the requirements of Section 5.2.
5.2.2 Salary Costs for Consultant and subconsultants as shown in Exhibit B are the Maximum Billing Rates and which are provisional, subject to audit of actual costs. If , and if the audit discloses that the actual costs are less than the costs set forth on Exhibit B for the Consultant or any subconsultant, the Consultant shall reimburse the County based upon the actual costs determined by the audit.
5.2.3 Unless otherwise noted, the Salary Costs stated above are based upon the Consultant's "home office" rates. Should it become appropriate during the course of the agreement that a "field office" rate be applied, then it is incumbent upon the Consultant to submit a supplemental Exhibit B reflective of such rates for approval by Contract Administrator and invoice the County accordingly.
5.2.4 The total hours payable by the County for any "exempt" or "non-exempt" personnel shall not exceed forty (40) hours per employee in any week. In the event the Work work requires the Consultant’s or subconsultant’s personnel to work in excess of 40 hours per week, any additional hours must be authorized in advance, in writing, by the Contract Administrator. If approved, Salary Costs for additional hours of service provided by nonexempt (hourly) employees or exempt (salaried) employees shall be invoiced to the County in a manner consistent with the Consultant’s or subconsultant’s applicable certified FAR audit and all other provisions of Section 5.2. In the event a “Safe Harbor” rate is elected for use by the Consultant or subconsultant, subconsultant then the additional hours are payable at no more than the maximum rates established in Exhibit B.
5.2.5 Consultant and any of its subconsultants may alternatively use a “Safe Harbor” combined fringe benefit and overhead rate of 110% in lieu of providing fringe benefit and overhead cost factors certified by an independent Certified Public Accountant in accordance with the Federal Acquisition Regulation (“FAR”) guidelines. The Safe Harbor rate, once elected, shall remain in place for the entire term of the Agreement, and be applicable for use as “home” and “field” fringe benefit and overhead rates, if applicable, and shall not be subject to audit under this Agreement. All other provisions of Section 5.2 remain in place.
Appears in 2 contracts
Samples: Consultant Services Agreement, Consultant Services Agreement
Salary Costs. The term Salary Costs as used herein shall mean the hourly rate actually paid to all personnel engaged directly on the Project, as adjusted by an overall multiplier which that consists of the following: 1) a fringe benefits factor; 2) an overhead factor; and, and 3) an operating margin, as set forth on Exhibit B. . Said Salary Costs are to be used only for time directly attributable to the Project. The fringe benefit and overhead factors rates shall be certified Consultant’s most recent and actual rates determined in accordance with Federal Acquisition Regulation (“FAR”) guidelines and audited by an independent Certified Public Accountant Accountant. For the purposes of this Agreement, the rates must be audited for fiscal periods of Consultant within eighteen (18) months preceding the execution date of this Agreement. These rates shall remain in accordance with the Federal Acquisition Regulation ("FAR") guidelines. Said certification shall be dated within one hundred eighty (180) days after Consultant's most recently completed fiscal year. If the certification effect for the most recently completed fiscal year is not available at the time term of contracting, the certification shall be this Agreement except as provided when it becomes available; provided however, Consultant certifies that the rates and factors set forth herein are accurate, complete, and consistent with the FAR guidelines at the time of contracting. If applicable, Exhibit B(s) shall be modified to reflect any reduction for in the FAR audited overhead and fringe benefit rates from the rates provided at the time of contracting. The modified Exhibit B shall be effective retroactive to the date of execution this Section 5.2 inclusive of the Agreement, and if applicable, the Consultant shall reimburse the County for any overbillingsubsections below.
5.2.1 Consultant shall require all of its subconsultants Subconsultants to comply with the requirements of Section 5.2.
5.2.2 Salary Costs for Consultant and subconsultants Subconsultants as shown in Exhibit B are the Maximum Billing Rates and Rates, which are provisional, subject to audit of actual costs. If , and if the audit discloses that the actual costs are less than the costs set forth on Exhibit B for the Consultant or any subconsultantSubconsultant, the Consultant shall reimburse the County based upon the actual costs determined by the audit. County may withhold the amount Consultant is required to reimburse County from any payment due Consultant.
5.2.3 Unless otherwise noted, the Salary Costs stated above are based upon the Consultant's "’s “home office" ” rates. Should it become appropriate during the course of the agreement this Agreement that a "“field office" ” rate be applied, then it is incumbent upon the Consultant to submit a supplemental Exhibit B reflective of such rates for approval by Contract Administrator and and, upon such County approval, invoice the County accordingly.
5.2.4 The total hours payable by the County for any "“exempt" ” or "non-exempt" “nonexempt” personnel shall not exceed forty (40) hours per employee in any week. In If the event the Work work requires Consultant’s or subconsultantSubconsultant’s personnel to work in excess of 40 forty (40) hours per week, any additional hours must be authorized in advance, in writing, by the Contract Administrator. If approved, Salary Costs for additional hours of service provided by nonexempt (hourly) employees or exempt (salaried) employees shall be invoiced to at no more than one and one-half of the County employee’s hourly rate and in a manner consistent with the Consultant’s or subconsultantSubconsultant’s applicable certified FAR audit and all other provisions of Section 5.2. In the event If a “Safe Harbor” rate is elected for use by the Consultant or subconsultantSubconsultant, then the additional hours are payable at no more than the maximum rates established in Exhibit B.employee’s regular rate.
5.2.5 Consultant and any of its subconsultants Subconsultants may alternatively use a “Safe Harbor” combined fringe benefit and overhead rate of 110% in lieu of providing fringe benefit and overhead cost factors certified by an independent Certified Public Accountant in accordance with the Federal Acquisition Regulation (“FAR”) FAR guidelines. The Safe Harbor rate, once elected, shall remain in place for the entire term of the this Agreement, and be applicable for use as “home” and “field” fringe benefit and overhead rates, if applicable, and shall not be subject to audit under this Agreement. All other provisions of Section 5.2 remain in place.
Appears in 1 contract
Samples: Consultant Services Agreement
Salary Costs. The term Salary Costs as used herein shall mean means the hourly rate actually paid to all personnel engaged directly on the Projecttasks under a Work Authorization issued under this Agreement, as adjusted by an overall multiplier which that consists of the following: 1) a fringe benefits factor; 2) an overhead factor; and, and 3) an operating margin, as set forth on Exhibit B. . Said Salary Costs are to be used only for time directly attributable to the Projectthose tasks. The fringe benefit and overhead factors rates shall be certified Consultant’s most recent and actual rates determined in accordance with Federal Acquisition Regulation (“FAR”) guidelines and audited by an independent Certified Public Accountant Accountant. For the purposes of this Agreement, the rates must be audited for fiscal periods of Consultant within eighteen (18) months preceding the execution date of this Agreement. These rates shall remain in accordance with the Federal Acquisition Regulation ("FAR") guidelines. Said certification shall be dated within one hundred eighty (180) days after Consultant's most recently completed fiscal year. If the certification effect for the most recently completed fiscal year is not available at the time term of contracting, the certification shall be this Agreement except as provided when it becomes available; provided however, Consultant certifies that the rates and factors set forth herein are accurate, complete, and consistent with the FAR guidelines at the time of contracting. If applicable, Exhibit B(s) shall be modified to reflect any reduction for in the FAR audited overhead and fringe benefit rates from the rates provided at the time of contracting. The modified Exhibit B shall be effective retroactive to the date of execution this Section 6.2 inclusive of the Agreement, and if applicable, the Consultant shall reimburse the County for any overbillingsubsections below.
5.2.1 6.2.1 Consultant shall require all of its subconsultants Subconsultants to comply with the requirements of Section 5.26.2.
5.2.2 6.2.2 Salary Costs for Consultant and subconsultants Subconsultants as shown in Exhibit B are the Maximum Billing Rates and Rates, which are provisional, subject to audit of actual costs. If , and if the audit discloses that the actual costs are less than the costs set forth on Exhibit B for the Consultant or any subconsultantSubconsultant, the Consultant shall reimburse the County based upon the actual costs determined by the audit. County may withhold the amount Consultant is required to reimburse County from any payment due Consultant.
5.2.3 6.2.3 Unless otherwise noted, the Salary Costs stated above are based upon the Consultant's "’s “home office" ” rates. Should it become appropriate during the course of the agreement this Agreement that a "“field office" ” rate be applied, then it is incumbent upon the Consultant to submit a supplemental Exhibit B B, labeled as “Exhibit B-1,” reflective of such rates for approval by Contract Administrator and and, upon such County approval, invoice the County accordingly. All CEI services to be provided by Consultant pursuant to a Work Authorization shall be compensated at a field office rate.
5.2.4 6.2.4 The total hours payable by the County for any "“exempt" ” or "non-exempt" “nonexempt” personnel shall not exceed forty (40) hours per employee in any week. In If the event the Work work requires Consultant’s or subconsultantSubconsultant’s personnel to work in excess of 40 forty (40) hours per week, any additional hours must be authorized in advance, in writing, by the Contract Administrator. If approved, Salary Costs for additional hours of service provided by nonexempt (hourly) employees or exempt (salaried) employees shall be invoiced to at no more than one and one-half of the County employee’s hourly rate and in a manner consistent with the Consultant’s or subconsultantSubconsultant’s applicable certified FAR audit and all other provisions of Section 5.26.2. In the event If a “Safe Harbor” rate is elected for use by the Consultant or subconsultantSubconsultant, then the additional hours are payable at no more than the maximum rates established in Exhibit B.employee’s regular rate.
5.2.5 6.2.5 Consultant and any of its subconsultants Subconsultants may alternatively use a “Safe Harbor” combined fringe benefit and overhead rate of 110% in lieu of providing fringe benefit and overhead cost factors certified by an independent Certified Public Accountant in accordance with the Federal Acquisition Regulation (“FAR”) FAR guidelines. In the event the Consultant or any of its Subconsultants are unable to provide either a home or field office overhead rate in their respective certified FAR audits, then Consultant and any of its Subconsultants must use the Safe Harbor rate. The Safe Harbor rate, once elected, shall remain in place for the entire term of the Agreement, and be applicable for use as “home” and “field” fringe benefit and overhead rates, if applicable, this Agreement and shall not be subject to audit under this Agreement. All other provisions of Section 5.2 6.2 remain in place.
6.2.6 The maximum hourly rates shown in Exhibit B are subject to change annually beginning on the first anniversary of the Effective Date, and for each year of this Agreement thereafter. Consultant may submit a written request for change of maximum hourly rates to Contract Administrator thirty (30) days in advance of each annual anniversary date and such request will be subject to approval by Contract Administrator. Any increase in maximum hourly rates will be limited to the lesser of the change in cost of living or three percent (3%). The increase in the cost of living shall be based on the Consumer Price Index (CPI) and shall be calculated as follows: the difference of the CPI for the current period, less the CPI for the previous period, divided by the CPI for the previous period, multiplied by 100. The CPI for the current period means the most recently published monthly index preceding the then-current anniversary date of this Agreement. The CPI for the previous period means the CPI for the same month of the prior year. All CPI indices must be obtained from the U.S. Department of Labor Table for Consumer Price Index – All Urban Consumers (Series ID CUURA320SA0) for the areas of Miami- Fort Lauderdale, FL (All Items), with a based period of 1982-84=100. If there is no change in the CPI, there shall not be an increase in the rate. Any changes to the hourly rates must be set forth on an amended Exhibit B executed by Contract Administrator and the Consultant.
Appears in 1 contract
Samples: Consulting Agreement
Salary Costs. The term Salary Costs as used herein shall mean the hourly rate actually paid to all personnel engaged directly on the Project, as adjusted by an overall multiplier which consists of the following: 1) a fringe benefits factor; 2) an overhead factor; and, and 3) an operating margin, as set forth on Exhibit B. . Said Salary Costs are to be used only for time directly attributable to the Project. The fringe benefit and overhead factors rates shall be certified Consultant’s most recent and actual rates determined in accordance with Federal Acquisition Regulations (“FAR”) guidelines and audited by an independent Certified Public Accountant Accountant. For the purposes of this Agreement, the rates must be audited for fiscal periods of Consultant within eighteen months preceding the execution date of this Agreement. These rates shall remain in accordance with the Federal Acquisition Regulation ("FAR") guidelines. Said certification shall be dated within one hundred eighty (180) days after Consultant's most recently completed fiscal year. If the certification effect for the most recently completed fiscal year is not available at the time term of contracting, the certification shall be this Agreement except as provided when it becomes available; provided however, Consultant certifies that the rates and factors set forth herein are accurate, complete, and consistent with the FAR guidelines at the time of contracting. If applicable, Exhibit B(s) shall be modified to reflect any reduction for in the FAR audited overhead and fringe benefit rates from the rates provided at the time of contracting. The modified Exhibit B shall be effective retroactive to the date of execution this Section 5.2 inclusive of the Agreement, and if applicable, the Consultant shall reimburse the County for any overbillingsubsections below.
5.2.1 Consultant shall require all of its subconsultants Subconsultants to comply with the requirements of Section 5.2.
5.2.2 Salary Costs for Consultant and subconsultants Subconsultants as shown in Exhibit B are the Maximum Billing Rates and which are provisional, subject to audit of actual costs. If , and if the audit discloses that the actual costs are less than the costs set forth on Exhibit B for the Consultant or any subconsultantSubconsultant, the Consultant shall reimburse the County based upon the actual costs determined by the audit.
5.2.3 Unless otherwise noted, the Salary Costs stated above are based upon the Consultant's "’s “home office" ” rates. Should it become appropriate during the course of the agreement this Agreement that a "“field office" ” rate be applied, then it is incumbent upon the Consultant to submit a supplemental Exhibit B reflective of such rates for approval by Contract Administrator and invoice the County accordingly.
5.2.4 The total hours payable by the County for any "“exempt" ” or "“non-exempt" ” personnel shall not exceed forty (40) hours per employee in any week. In the event the Work work requires Consultant’s or subconsultantSubconsultant’s personnel to work in excess of 40 hours per week, any additional hours must be authorized in advance, in writing, by the Contract Administrator. If approved, Salary Costs for additional hours of service provided by nonexempt (hourly) employees or exempt (salaried) employees shall be invoiced to County at no more than one and one-half of the County employee’s hourly rate and in a manner consistent with the Consultant’s or subconsultantSubconsultant’s applicable certified FAR audit and all other provisions of Section 5.2. In the event a “Safe Harbor” rate is elected for use by the Consultant or subconsultantSubconsultant, then the additional hours are payable at no more than the maximum rates established in Exhibit B.employee’s regular rate.
5.2.5 Consultant and any of its subconsultants Subconsultants may alternatively use a “Safe Harbor” combined fringe benefit and overhead rate of 110% in lieu of providing fringe benefit and overhead cost factors certified by an independent Certified Public Accountant in accordance with the Federal Acquisition Regulation (“FAR”) guidelines. The Safe Harbor rate, once elected, shall remain in place for the entire term of the this Agreement, and be applicable for use as “home” and “field” fringe benefit and overhead rates, if applicable, and shall not be subject to audit under this Agreement. All other provisions of Section 5.2 remain in place.
Appears in 1 contract
Samples: Consultant Services Agreement
Salary Costs. The term Salary Costs as used herein shall mean means the hourly rate actually paid to all personnel engaged directly on the Projecttasks under a Work Authorization issued under this Agreement, as adjusted by an overall multiplier which that consists of the following: 1) a fringe benefits factor; 2) an overhead factor; and, and 3) an operating margin, as set forth on Exhibit B. . Said Salary Costs are to be used only for time directly attributable to the Projectthose tasks. The fringe benefit and overhead factors rates shall be certified Consultant’s most recent and actual rates determined in accordance with Federal Acquisition Regulation (“FAR”) guidelines and audited by an independent Certified Public Accountant Accountant. For the purposes of this Agreement, the rates must be audited for fiscal periods of Consultant within eighteen (18) months preceding the execution date of this Agreement. These rates shall remain in accordance with the Federal Acquisition Regulation ("FAR") guidelines. Said certification shall be dated within one hundred eighty (180) days after Consultant's most recently completed fiscal year. If the certification effect for the most recently completed fiscal year is not available at the time term of contracting, the certification shall be this Agreement except as provided when it becomes available; provided however, Consultant certifies that the rates and factors set forth herein are accurate, complete, and consistent with the FAR guidelines at the time of contracting. If applicable, Exhibit B(s) shall be modified to reflect any reduction for in the FAR audited overhead and fringe benefit rates from the rates provided at the time of contracting. The modified Exhibit B shall be effective retroactive to the date of execution this Section 6.2 inclusive of the Agreement, and if applicable, the Consultant shall reimburse the County for any overbillingsubsections below.
5.2.1 6.2.1 Consultant shall require all of its subconsultants Subconsultants to comply with the requirements of Section 5.26.2.
5.2.2 6.2.2 Salary Costs for Consultant and subconsultants Subconsultants as shown in Exhibit B are the Maximum Billing Rates and Rates, which are provisional, subject to audit of actual costs. If , and if the audit discloses that the actual costs are less than the costs set forth on Exhibit B for the Consultant or any subconsultantSubconsultant, the Consultant shall reimburse the County based upon the actual costs determined by the audit. County may withhold the amount Consultant is required to reimburse County from any payment due Consultant.
5.2.3 6.2.3 Unless otherwise noted, the Salary Costs stated above are based upon the Consultant's "’s “home office" ” rates. Should it become appropriate during the course of the agreement this Agreement that a "“field office" ” rate be applied, then it is incumbent upon the Consultant to submit a supplemental Exhibit B reflective of such rates for approval by Contract Administrator and and, upon such County approval, invoice the County accordingly.
5.2.4 6.2.4 The total hours payable by the County for any "“exempt" ” or "non-exempt" “nonexempt” personnel shall not exceed forty (40) hours per employee in any week. In If the event the Work work requires Consultant’s or subconsultantSubconsultant’s personnel to work in excess of 40 forty (40) hours per week, any additional hours must be authorized in advance, in writing, by the Contract Administrator. If approved, Salary Costs for additional hours of service provided by nonexempt (hourly) employees or exempt (salaried) employees shall be invoiced to at no more than one and one-half of the County employee’s hourly rate and in a manner consistent with the Consultant’s or subconsultantSubconsultant’s applicable certified FAR audit and all other provisions of Section 5.26.2. In the event If a “Safe Harbor” rate is elected for use by the Consultant or subconsultantSubconsultant, then the additional hours are payable at no more than the maximum rates established in Exhibit B.employee’s regular rate.
5.2.5 6.2.5 Consultant and any of its subconsultants Subconsultants may alternatively use a “Safe Harbor” combined fringe benefit and overhead rate of 110% in lieu of providing fringe benefit and overhead cost factors certified by an independent Certified Public Accountant in accordance with the Federal Acquisition Regulation (“FAR”) FAR guidelines. The Safe Harbor rate, once elected, shall remain in place for the entire term of the this Agreement, and be applicable for use as “home” and “field” fringe benefit and overhead rates, if applicable, and shall not be subject to audit under this Agreement. All other provisions of Section 5.2 6.2 remain in place.
6.2.6 The maximum hourly rates shown in Exhibit B are subject to change annually beginning on the first anniversary of the Effective Date, and for each year of this Agreement thereafter. Consultant may submit a written request for change of maximum hourly rates to Contract Administrator thirty (30) days in advance of each annual anniversary date and such request will be subject to approval by Contract Administrator. Any increase in maximum hourly rates will be limited to the lesser of the change in cost of living or three percent (3%). The increase in the cost of living shall be based on the Consumer Price Index (CPI) and shall be calculated as follows: the difference of the CPI for the current period, less the CPI for the previous period, divided by the CPI for the previous period, multiplied by 100. The CPI for the current period means the most recently published monthly index preceding the then-current anniversary date of this Agreement. The CPI for the previous period means the CPI for the same month of the prior year. All CPI indices must be obtained from the U.S. Department of Labor Table for Consumer Price Index – All Urban Consumers (Series ID CUURA320SA0) for the areas of Miami- Fort Lauderdale, FL (All Items), with a based period of 1982-84=100. If there is no change in the CPI, there shall not be an increase in the rate. Any changes to the hourly rates must be set forth on an amended Exhibit B executed by Contract Administrator and the Consultant.
Appears in 1 contract
Samples: Consultant Services Agreement
Salary Costs. The term Salary Costs as used herein shall mean the hourly rate actually paid to all personnel engaged directly on the Project, as adjusted by an overall multiplier which that consists of the following: 1) a fringe benefits factor; 2) an overhead factor; and, and 3) an operating margin, as set forth on Exhibit B. . Said Salary Costs are to be used only for time directly attributable to the Project. The fringe benefit and overhead factors rates shall be certified Consultant’s most recent and actual rates determined in accordance with Federal Acquisition Regulation (“FAR”) guidelines and audited by an independent Certified Public Accountant Accountant. For the purposes of this Agreement, the rates must be audited for fiscal periods of Consultant within eighteen (18) months preceding the execution date of this Agreement. These rates shall remain in accordance with the Federal Acquisition Regulation ("FAR") guidelines. Said certification shall be dated within one hundred eighty (180) days after Consultant's most recently completed fiscal year. If the certification effect for the most recently completed fiscal year is not available at the time term of contracting, the certification shall be this Agreement except as provided when it becomes available; provided however, Consultant certifies that the rates and factors set forth herein are accurate, complete, and consistent with the FAR guidelines at the time of contracting. If applicable, Exhibit B(s) shall be modified to reflect any reduction for in the FAR audited overhead and fringe benefit rates from the rates provided at the time of contracting. The modified Exhibit B shall be effective retroactive to the date of execution this Section 5.2 inclusive of the Agreement, and if applicable, the Consultant shall reimburse the County for any overbillingsubsections below.
5.2.1 Consultant shall require all of its subconsultants Subconsultants to comply with the requirements of Section 5.2.
5.2.2 Salary Costs for Consultant and subconsultants Subconsultants as shown in Exhibit B are the Maximum Billing Rates and Rates, which are provisional, subject to audit of actual costs. If , and if the audit discloses that the actual costs are less than the costs set forth on Exhibit B for the Consultant or any subconsultantSubconsultant, the Consultant shall reimburse the County based upon the actual costs determined by the audit. County may withhold the amount Consultant is required to reimburse County from any payment due Consultant.
5.2.3 Unless otherwise noted, the Salary Costs stated above are based upon the Consultant's "’s “home office" ” rates. Should it become appropriate during the course of the agreement this Agreement that a "“field office" ” rate be applied, then it is incumbent upon the Consultant to submit a supplemental Exhibit B reflective of such rates for approval by Contract Administrator and and, upon such County approval, invoice the County accordingly.
5.2.4 The total hours payable by the County for any "“exempt" ” or "non-exempt" “nonexempt” personnel shall not exceed forty (40) hours per employee in any week. In If the event the Work work requires Consultant’s or subconsultantSubconsultant’s personnel to work in excess of 40 forty (40) hours per week, any additional hours must be authorized in advance, in writing, by the Contract Administrator. If approved, Salary Costs for additional hours of service provided by nonexempt (hourly) employees or exempt (salaried) employees shall be invoiced to at no more than one and one‐half of the County employee’s hourly rate and in a manner consistent with the Consultant’s or subconsultantSubconsultant’s applicable certified FAR audit and all other provisions of Section 5.2. In the event If a “Safe Harbor” rate is elected for use by the Consultant or subconsultantSubconsultant, then the additional hours are payable at no more than the maximum rates established in Exhibit B.employee’s regular rate.
5.2.5 Consultant and any of its subconsultants Subconsultants may alternatively use a “Safe Harbor” combined fringe benefit and overhead rate of 110% in lieu of providing fringe benefit and overhead cost factors certified by an independent Certified Public Accountant in accordance with the Federal Acquisition Regulation (“FAR”) FAR guidelines. The Safe Harbor rate, once elected, shall remain in place for the entire term of the this Agreement, and be applicable for use as “home” and “field” fringe benefit and overhead rates, if applicable, and shall not be subject to audit under this Agreement. All other provisions of Section 5.2 remain in place.
5.2.6 Notwithstanding the Salary Costs (formula and requirements) set forth in Section 5.2 above, Consultant and any of its Subconsultants may alternatively propose to use hourly rates for Consultant and Subconsultants, which will be negotiated with Consultant utilizing a method and factors agreed to by Consultant and the Contract Administrator which may not comply with Section 5.2. The method and factors utilized to determine the hourly rates are set forth in Exhibit B, attached hereto.
Appears in 1 contract
Samples: Consultant Services Agreement
Salary Costs. The term Salary Costs as used herein shall mean the hourly rate actually paid to all personnel engaged directly on the Project, as adjusted by an overall multiplier which consists of the following: 1) a fringe benefits factor; 2) an overhead factor; and, and 3) an operating margin, as set forth on Exhibit B. . Said Salary Costs are to be used only for time directly attributable to the Project. The fringe benefit and overhead factors rates shall be certified Consultant's most recent and actual rates determined in accordance with Federal Acquisition Regulations ("FAR") guidelines and audited by an independent Certified Public Accountant in accordance with the Federal Acquisition Regulation ("FARCPA") guidelines). Said certification For the purposes of this Agreement, the rates must be audited for fiscal periods of Consultant within eighteen months preceding the execution date of this Agreement. These rates shall be dated within one hundred eighty (180) days after Consultant's most recently completed fiscal year. If the certification remain in effect for the most recently completed fiscal year is not available at the time term of contracting, the certification shall be this Agreement except as provided when it becomes available; provided however, Consultant certifies that the rates and factors set forth herein are accurate, complete, and consistent with the FAR guidelines at the time of contracting. If applicable, Exhibit B(s) shall be modified to reflect any reduction for in the FAR audited overhead and fringe benefit rates from the rates provided at the time of contracting. The modified Exhibit B shall be effective retroactive to the date of execution this Section 5.2 inclusive of the Agreement, and if applicable, the Consultant shall reimburse the County for any overbillingsubsections below.
5.2.1 Consultant shall require all of its subconsultants Subconsultants to comply with the requirements of Section 5.2.
5.2.2 Salary Costs for Consultant and subconsultants Subconsultants as shown in Exhibit B are the Maximum Billing Rates and which are provisional, subject to audit of actual costs. If , and if the audit discloses that the actual costs are less than the costs set forth on Exhibit B for the Consultant or any subconsultantSubconsultant, the Consultant shall reimburse the County based upon the actual costs determined by the audit.
5.2.3 Unless otherwise noted, the Salary Costs stated above are based upon the Consultant's "home office" rates. Should it become appropriate during the course of the agreement this Agreement that a "field office" rate be applied, then it is incumbent upon the Consultant to submit a supplemental Exhibit B reflective of such rates for approval by Contract Administrator and invoice the County accordingly.
5.2.4 The total hours payable by the County for any "exempt" or "non-exempt" personnel shall not exceed forty (40) hours per employee in any week. In the event the Work work requires Consultant’s 's or subconsultant’s Subconsultant's personnel to work in excess of 40 hours per week, any additional hours must be authorized in advance, in writing, by the Contract Administrator. If approved, Salary Costs for additional hours of service provided by nonexempt (hourly) employees or exempt (salaried) employees shall be invoiced to County at no more than one and one-half of the County employee's hourly rate and in a manner consistent with the Consultant’s 's or subconsultant’s Subconsultant's applicable certified FAR audit and all other provisions of Section 5.2. In the event a “"Safe Harbor” " rate is elected for use by the Consultant or subconsultantSubconsultant, then the additional hours are payable at no more than the maximum rates established in Exhibit B.employee's regular rate.
5.2.5 Consultant and any of its subconsultants Subconsultants may alternatively use a “"Safe Harbor” " combined fringe benefit and overhead rate of 110% in lieu of providing fringe benefit and overhead cost factors certified by an independent Certified Public Accountant in accordance with the Federal Acquisition Regulation (“FAR”) FAR guidelines. The Safe Harbor rate, once elected, shall remain in place for the entire term of the this Agreement, and be applicable for use as “"home” " and “"field” " fringe benefit and overhead rates, if applicable, and shall not be subject to audit under this Agreement. All other provisions of Section 5.2 remain in place.
5.2.6 Notwithstanding Section 5.2.5, if a Subconsultant that elected to use the "Safe Harbor" rate completes an independent CPA audit of its fringe benefit and overhead cost factors in accordance with the FAR guidelines during the term of this Agreement, it may submit a revised Exhibit B Salary Costs with a copy of the audit for review by County's Contract Administrator once during the Agreement term. If accepted by County's Contract Administrator, the hourly rates shall be set forth on an amended Exhibit B executed by the Contract Administrator and the Consultant, provided that no increase in the Maximum Amount Not-To-Exceed Compensation is authorized due to the revision.
Appears in 1 contract
Samples: Consultant Services Agreement
Salary Costs. The term Salary Costs salary costs as used herein shall mean means the hourly rate actually paid to all personnel engaged directly on the Project, as adjusted by an overall multiplier which consists of the following: 1) a fringe benefits factor/rate; 2) an overhead factor/rate; and, and 3) an operating margin, as set forth on Exhibit B. Said . Salary Costs costs are to be used only for the billing of time directly attributable to the Project. The fringe benefit and overhead factors shall factors/rates used as part of the multiplier must be certified Consultant’s most recent and actual factors/rates determined in accordance with Federal Acquisition Regulations (“FAR”) guidelines and audited by an independent Certified Public Accountant certified public accountant. For the purposes of this Agreement, the factors/rates used as part of the multiplier must be audited for fiscal periods of Consultant within eighteen (18) months preceding the execution date of this Agreement. These factors/rates shall remain in accordance with the Federal Acquisition Regulation ("FAR") guidelines. Said certification shall be dated within one hundred eighty (180) days after Consultant's most recently completed fiscal year. If the certification effect for the most recently completed fiscal year is not available at the time Initial Term of contractingthis Agreement and, if exercised, the certification shall be renewal period provided when it becomes available; under Section 4.2, except as provided however, Consultant certifies that the rates and factors set forth herein are accurate, complete, and consistent with the FAR guidelines at the time of contracting. If applicable, Exhibit B(s) shall be modified to reflect any reduction for in the FAR audited overhead and fringe benefit rates from the rates provided at the time of contracting. The modified Exhibit B shall be effective retroactive to the date of execution this Section 5.2 inclusive of the Agreement, and if applicable, the Consultant shall reimburse the County for any overbillingsubsections below.
5.2.1 Consultant shall require all of its subconsultants Subconsultants to comply with the requirements of this Section 5.2.
5.2.2 Salary Costs costs for Consultant and subconsultants Subconsultants as shown in Exhibit B are the Maximum Billing Rates and which are provisional, subject to audit of actual costs. If the audit discloses that the Consultant's or any Subconsultant's actual costs are less than the costs set forth on Exhibit B for the Consultant or any subconsultantSubconsultant, the Consultant shall reimburse the County based upon on the actual costs determined by the audit.
5.2.3 Unless otherwise noted, the Salary Costs salary costs stated above are based upon the on Consultant's "’s “home office" ” rates. Should it become appropriate during the course of the agreement that this Agreement for a "“field office" ” rate to be applied, then it is incumbent upon the Consultant to must submit a supplemental Exhibit B reflective of such rates for approval by Contract Administrator and invoice the County accordingly.
5.2.4 The total hours payable by the County for any "“exempt" ” or "“non-exempt" ” personnel shall not exceed forty (40) hours per employee in any week. In the event the Work work requires Consultant’s or subconsultantSubconsultant’s personnel to work in excess of 40 forty (40) hours per week, any additional hours must be authorized in advance, in writing, by the Contract Administrator. If approved, Salary Costs salary costs for additional hours of service provided by nonexempt (hourly) employees or exempt (salaried) employees shall be invoiced to County at no more than one and one-half of the County employee’s hourly rate and in a manner consistent with the Consultant’s or subconsultantSubconsultant’s applicable certified FAR audit and all other provisions of Section 5.2. In the event a “Safe Harbor” rate is elected for use by the Consultant or subconsultantSubconsultant, then the additional hours are payable at no more than the maximum rates established in Exhibit B.
5.2.5 Consultant and any of its subconsultants may alternatively use a “Safe Harbor” combined fringe benefit and overhead rate of 110% in lieu of providing fringe benefit and overhead cost factors certified by an independent Certified Public Accountant in accordance with the Federal Acquisition Regulation (“FAR”) guidelines. The Safe Harbor employee’s regular rate, once elected, shall remain in place for the entire term of the Agreement, and be applicable for use as “home” and “field” fringe benefit and overhead rates, if applicable, and shall not be subject to audit under this Agreement. All other provisions of Section 5.2 remain in place.
Appears in 1 contract
Samples: Consultant Services Agreement
Salary Costs. The term Salary Costs as used herein shall mean the hourly rate actually paid to all personnel engaged directly on the Project, as adjusted by an overall multiplier which consists of the following: 1) a fringe benefits factor; 2) an overhead factor; and, and 3) an operating margin, as set forth on Exhibit B. . Said Salary Costs are to be used only for time directly attributable to the Project. The fringe benefit and overhead factors rates shall be certified Consultant’s most recent and actual rates determined in accordance with Federal Acquisition Regulations (“FAR”) guidelines and audited by an independent Certified Public Accountant Accountant. For the purposes of this Agreement, the rates must be audited for fiscal periods of Consultant within eighteen months preceding the execution date of this Agreement. These rates shall remain in accordance with the Federal Acquisition Regulation ("FAR") guidelines. Said certification shall be dated within one hundred eighty (180) days after Consultant's most recently completed fiscal year. If the certification effect for the most recently completed fiscal year is not available at the time term of contracting, the certification shall be this Agreement except as provided when it becomes available; provided however, Consultant certifies that the rates and factors set forth herein are accurate, complete, and consistent with the FAR guidelines at the time of contracting. If applicable, Exhibit B(s) shall be modified to reflect any reduction for in the FAR audited overhead and fringe benefit rates from the rates provided at the time of contracting. The modified Exhibit B shall be effective retroactive to the date of execution this Section 5.2 inclusive of the Agreement, and if applicable, the Consultant shall reimburse the County for any overbillingsubsections below.
5.2.1 Consultant shall require all of its subconsultants Subconsultants to comply with the requirements of Section 5.2.
5.2.2 Salary Costs for Consultant and subconsultants Subconsultants as shown in Exhibit B are the Maximum Billing Rates and which are provisional, subject to audit of actual costs. If , and if the audit discloses that the actual costs are less than the costs set forth on Exhibit B for the Consultant or any subconsultantSubconsultant, the Consultant shall reimburse the County based upon the actual costs determined by the audit.
5.2.3 Unless otherwise noted, the Salary Costs stated above are based upon the Consultant's "’s “home office" ” rates. Should it become appropriate during the course of the agreement this Agreement that a "“field office" ” rate be applied, then it is incumbent upon the Consultant to submit a supplemental Exhibit B reflective of such rates for approval by Contract Administrator and invoice the County accordingly.
5.2.4 The total hours payable by the County for any "“exempt" ” or "non-exempt" “non‐exempt” personnel shall not exceed forty (40) hours per employee in any week. In the event the Work work requires Consultant’s or subconsultantSubconsultant’s personnel to work in excess of 40 hours per week, any additional hours must be authorized in advance, in writing, by the Contract Administrator. If approved, Salary Costs for additional hours of service provided by nonexempt (hourly) employees or exempt (salaried) employees shall be invoiced to County at no more than one and one‐half of the County employee’s hourly rate and in a manner consistent with the Consultant’s or subconsultantSubconsultant’s applicable certified FAR audit and all other provisions of Section 5.2. In the event a “Safe Harbor” rate is elected for use by the Consultant or subconsultantSubconsultant, then the additional hours are payable at no more than the maximum rates established in Exhibit B.employee’s regular rate.
5.2.5 Consultant and any of its subconsultants Subconsultants may alternatively use a “Safe Harbor” combined fringe benefit and overhead rate of 110% in lieu of providing fringe benefit and overhead cost factors certified by an independent Certified Public Accountant in accordance with the Federal Acquisition Regulation (“FAR”) guidelines. The Safe Harbor rate, once elected, shall remain in place for the entire term of the this Agreement, and be applicable for use as “home” and “field” fringe benefit and overhead rates, if applicable, and shall not be subject to audit under this Agreement. All other provisions of Section 5.2 remain in place.
Appears in 1 contract
Samples: Consultant Services Agreement
Salary Costs. The term Salary Costs as used herein shall mean the hourly rate actually paid to all personnel engaged directly on the Project, as adjusted by an overall multiplier which that consists of the following: 1) a fringe benefits factor; 2) an overhead factor; and, and 3) an operating margin, as set forth on Exhibit B. . Said Salary Costs are to be used only for time directly attributable to the Project. The fringe benefit and overhead factors rates shall be certified Consultant’s most recent and actual rates determined in accordance with Federal Acquisition Regulation (“FAR”) guidelines and audited by an independent Certified Public Accountant Accountant. For the purposes of this Agreement, the rates must be audited for fiscal periods of Consultant within eighteen (18) months preceding the execution date of this Agreement. These rates shall remain in accordance with the Federal Acquisition Regulation ("FAR") guidelines. Said certification shall be dated within one hundred eighty (180) days after Consultant's most recently completed fiscal year. If the certification effect for the most recently completed fiscal year is not available at the time term of contracting, the certification shall be this Agreement except as provided when it becomes available; provided however, Consultant certifies that the rates and factors set forth herein are accurate, complete, and consistent with the FAR guidelines at the time of contracting. If applicable, Exhibit B(s) shall be modified to reflect any reduction for in the FAR audited overhead and fringe benefit rates from the rates provided at the time of contracting. The modified Exhibit B shall be effective retroactive to the date of execution this Section 5.2 inclusive of the Agreement, and if applicable, the Consultant shall reimburse the County for any overbilling.subsections below.
5.2.1 Consultant shall require all of its subconsultants Subconsultants to comply with the requirements of Section 5.2.
5.2.2 Salary Costs for Consultant and subconsultants Subconsultants as shown in Exhibit B are the Maximum Billing Rates and Rates, which are provisional, subject to audit of actual costs. If , and if the audit discloses that the actual costs are less than the costs set forth on Exhibit B for the Consultant or any subconsultantSubconsultant, the Consultant shall reimburse the County based upon the actual costs determined by the audit. County may withhold the amount Consultant is required to reimburse County from any payment due Consultant.
5.2.3 Unless otherwise noted, the Salary Costs stated above are based upon the Consultant's "’s “home office" ” rates. Should it become appropriate during the course of the agreement this Agreement that a "“field office" ” rate be applied, then it is incumbent upon the Consultant to submit a supplemental Exhibit B reflective of such rates for approval by Contract Administrator and and, upon such County approval, invoice the County accordingly.
5.2.4 The total hours payable by the County for any "“exempt" ” or "non-exempt" “nonexempt” personnel shall not exceed forty (40) hours per employee in any week. In If the event the Work work requires Consultant’s or subconsultantSubconsultant’s personnel to work in excess of 40 forty (40) hours per week, any additional hours must be authorized in advance, in writing, by the Contract Administrator. If approved, Salary Costs for additional hours of service provided by nonexempt (hourly) employees or exempt (salaried) employees shall be invoiced to at no more than one and one-half of the County employee’s hourly rate and in a manner consistent with the Consultant’s or subconsultantSubconsultant’s applicable certified FAR audit and all other provisions of Section 5.2. In the event If a “Safe Harbor” rate is elected for use by the Consultant or subconsultantSubconsultant, then the additional hours are payable at no more than the maximum rates established in Exhibit B.employee’s regular rate.
5.2.5 Consultant and any of its subconsultants Subconsultants may alternatively use a “Safe Harbor” combined fringe benefit and overhead rate of 110% in lieu of providing fringe benefit and overhead cost factors certified by an independent Certified Public Accountant in accordance with the Federal Acquisition Regulation (“FAR”) FAR guidelines. The Safe Harbor rate, once elected, shall remain in place for the entire term of the this Agreement, and be applicable for use as “home” and “field” fringe benefit and overhead rates, if applicable, and shall not be subject to audit under this Agreement. All other provisions of Section 5.2 remain in place.
5.2.6 Notwithstanding the Salary Costs (formula and requirements) set forth in Section 5.2 above, Consultant and any of its Subconsultants may alternatively propose to use hourly rates for Consultant and Subconsultants, which will be negotiated with Consultant utilizing a method and factors agreed to by Consultant and the Contract Administrator which may not comply with Section 5.2. The method and factors utilized to determine the hourly rates are set forth in Exhibit B, attached hereto.
Appears in 1 contract
Samples: Consultant Services Agreement
Salary Costs. The term Salary Costs as used herein shall mean the hourly rate actually paid to all personnel engaged directly on the Project, as adjusted by an overall multiplier which consists of the following: 1) a fringe benefits factor; 2) an overhead factor; and, and 3) an operating margin, as set forth on Exhibit B. . Said Salary Costs are to be used only for time directly attributable to the Project. The fringe benefit and overhead factors rates shall be certified Consultant’s most recent and actual rates determined in accordance with Federal Acquisition Regulations (“FAR”) guidelines and audited by an independent Certified Public Accountant Accountant. For the purposes of this Agreement, the rates must be audited for fiscal periods of Consultant within eighteen months preceding the execution date of this Agreement. These rates shall remain in accordance with the Federal Acquisition Regulation ("FAR") guidelines. Said certification shall be dated within one hundred eighty (180) days after Consultant's most recently completed fiscal year. If the certification effect for the most recently completed fiscal year is not available at the time term of contracting, the certification shall be this Agreement except as provided when it becomes available; provided however, Consultant certifies that the rates and factors set forth herein are accurate, complete, and consistent with the FAR guidelines at the time of contracting. If applicable, Exhibit B(s) shall be modified to reflect any reduction for in the FAR audited overhead and fringe benefit rates from the rates provided at the time of contracting. The modified Exhibit B shall be effective retroactive to the date of execution this Section 5.2 inclusive of the Agreement, and if applicable, the Consultant shall reimburse the County for any overbillingsubsections below.
5.2.1 Consultant shall require all of its subconsultants Subconsultants to comply with the requirements of Section 5.2.
5.2.2 Salary Costs for Consultant and subconsultants Subconsultants as shown in Exhibit B are the Maximum Billing Rates and which are provisional, subject to audit of actual costs. If , and if the audit discloses that the actual costs are less than the costs set forth on Exhibit B for the Consultant or any subconsultantSubconsultant, the Consultant shall reimburse the County based upon the actual costs determined by the audit.
5.2.3 Unless otherwise noted, the Salary Costs stated above are based upon the Consultant's "’s “home office" ” rates. Should it become appropriate during the course of the agreement this Agreement that a "“field office" ” rate be applied, then it is incumbent upon the Consultant to submit a supplemental Exhibit B reflective of such rates for approval by Contract Administrator and invoice the County accordinglyAdministrator.
5.2.4 The total hours payable by the County for any "“exempt" ” or "“non-exempt" ” personnel shall not exceed forty (40) hours per employee in any week. In the event the Work work requires Consultant’s or subconsultantSubconsultant’s personnel to work in excess of 40 hours per week, any additional hours must be authorized in advance, in writing, by the Contract Administrator. If approved, Salary Costs for additional hours of service provided by nonexempt (hourly) employees or exempt (salaried) employees shall be invoiced to County at no more than one and one-half of the County employee’s hourly rate and in a manner consistent with the Consultant’s or subconsultantSubconsultant’s applicable certified FAR audit and all other provisions of Section 5.2. In the event a “Safe Harbor” rate is elected for use by the Consultant or subconsultantSubconsultant, then the additional hours are payable at no more than the maximum rates established in Exhibit B.employee’s regular rate.
5.2.5 Consultant and any of its subconsultants Subconsultants may alternatively use a “Safe Harbor” combined fringe benefit and overhead rate of 110% in lieu of providing fringe benefit and overhead cost factors certified by an independent Certified Public Accountant in accordance with the Federal Acquisition Regulation (“FAR”) guidelines. The Safe Harbor rate, once elected, shall remain in place for the entire term of the this Agreement, and be applicable for use as “home” and “field” fringe benefit and overhead rates, if applicable, and shall not be subject to audit under this Agreement. All other provisions of Section 5.2 remain in place.
Appears in 1 contract
Samples: Consultant Services Agreement
Salary Costs. The term Salary Costs as used herein shall mean means the hourly rate actually paid to all personnel engaged directly on the Projecttasks under a Work Authorization issued under this Agreement, as adjusted by an overall multiplier which consists of the following: 1) a fringe benefits factor; 2) an overhead factor; and, and 3) an operating margin, as set forth on Exhibit B. . Said Salary Costs are to be used only for time directly attributable to the Projectthose tasks. The fringe benefit and overhead factors rates shall be certified Consultant’s most recent and actual rates determined in accordance with Federal Acquisition Regulations (“FAR”) guidelines and audited by an independent Certified Public Accountant certified public accountant. For purposes of this Agreement, the rates must be audited for fiscal periods of Consultant within eighteen (18) months preceding the execution date of this Agreement. These rates shall remain in accordance with the Federal Acquisition Regulation ("FAR") guidelines. Said certification shall be dated within one hundred eighty (180) days after Consultant's most recently completed fiscal year. If the certification effect for the most recently completed fiscal year is not available at the time term of contracting, the certification shall be this Agreement except as provided when it becomes available; provided however, Consultant certifies that the rates and factors set forth herein are accurate, complete, and consistent with the FAR guidelines at the time of contracting. If applicable, Exhibit B(s) shall be modified to reflect any reduction in the FAR audited overhead and fringe benefit rates from the rates provided at the time of contracting. The modified Exhibit B shall be effective retroactive to the date of execution this Section 6.2 inclusive of the Agreement, and if applicable, the Consultant shall reimburse the County for any overbillingsubsections below.
5.2.1 6.2.1 Consultant shall require all of its subconsultants Subconsultants to comply with the requirements of Section 5.26.2.
5.2.2 6.2.2 Salary Costs for Consultant and subconsultants Subconsultants as shown in Exhibit B are the Maximum Billing Rates and maximum billing rates that are provisional, subject to audit of actual costs. If , and if the audit discloses that the actual costs are less than the costs set forth on Exhibit B for the Consultant or any subconsultantSubconsultant, the Consultant shall reimburse the County based upon the actual costs determined by the audit.
5.2.3 6.2.3 Unless otherwise noted, the Salary Costs stated above are based upon the Consultant's "’s “home office" ” rates. Should it become appropriate during the course term of the agreement this Agreement that a "“field office" ” rate be applied, then it is incumbent upon the Consultant to submit a supplemental Exhibit B reflective of such rates for approval by Contract Administrator and invoice the County accordingly.
5.2.4 6.2.4 The total hours payable by the County for any "“exempt" ” (salaried), or "non-exempt" “nonexempt” (hourly) personnel shall must not exceed forty (40) hours per employee in any week. In If the event the Work work requires Consultant’s or subconsultantSubconsultant’s personnel to work in excess of 40 forty (40) hours per week, any additional hours must shall be compensated by County only if authorized in advance, in writing, by the Contract Administrator. If approvedso authorized, Salary Costs for additional hours of service provided by nonexempt (hourly) employees or exempt (salaried) employees shall be invoiced to County at no more than one and one-half of the County employee’s hourly rate and in a manner consistent with the Consultant’s or subconsultantSubconsultant’s applicable certified FAR audit and all other provisions of Section 5.26.2. In the event If a “Safe Harbor” rate rate, as defined in 6.2.5, is elected for use by the Consultant or subconsultantSubconsultant, then the additional hours are payable at no more than the maximum rates established in Exhibit B.employee’s regular rate.
5.2.5 6.2.5 Consultant and any of its subconsultants Subconsultants may alternatively use a “Safe Harbor” combined fringe benefit and overhead rate of one hundred ten percent (110% %) in lieu of providing fringe benefit and overhead cost factors certified by an independent Certified Public Accountant certified public accountant in accordance with the Federal Acquisition Regulation (“FAR”) FAR guidelines. The Safe Harbor rate, once elected, shall remain in place for the entire term of the this Agreement, and be applicable for use as “home” and “field” fringe benefit and overhead rates, if applicable, and shall not be subject to audit under this Agreement. All other provisions of Section 5.2 6.2 shall remain in placeplace and applicable even when a “Safe Harbor” rate is used.
6.2.6 The maximum hourly rates shown on Exhibit B are subject to change annually beginning on the first anniversary of the Effective Date, and for each contract year thereafter, upon Consultant’s written request to Contract Administrator issued thirty (30) days before each anniversary date, and subject to approval by Contract Administrator. Any increase in these rates will be limited to the lesser of the change in cost of living or three percent (3%). The increase in the cost of living will be based on the Consumer Price Index (“CPI”) and will be calculated as follows: the difference of the CPI for the current period, less the CPI for the previous period, divided by the CPI for the previous period, multiplied by 100. The CPI for the current period means the most recently published monthly index preceding the then-current contract anniversary date. The CPI for the previous period means the CPI for the same month of the prior year. All CPI indices must be obtained from the U.S. Department of Labor Table for Consumer Price Index – All Urban Consumers (Series ID CUURA320SA0) for the areas of Miami- Fort Lauderdale, FL (All Items), with a based period of 1982-84=100. If there is no change in the CPI, there will not be an increase in the rate. Any changes to the hourly rates must be set forth on an amended Exhibit B executed by Contract Administrator and the Consultant.
Appears in 1 contract
Samples: Consultant Services Agreement