09-22-2004 Council Agenda - Laserfiche WebLink

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SCHEDULE OF CONDITIONS HOWARD R. GREEN COMPANY A. SCOPE OF SERVICES 1. The Scope of Services (hereinafter "Services "), the Estimated Time Schedule, and the Estimated Fees for each project will be set forth in either a written proposal submitted by Howard R. Green Company (hereafter "HRG ") to the City of Little Canada, Minnesota (hereinafter "CLIENT ") or a task order submitted by HRG referencing this Agreement. The parties agree that the terms and conditions of this Agreement shall apply to each submitted proposal or task order except to the extent expressly modified by the proposal or task order, B. FEES AND PAYMENT 1. The fee for services will be based on Howard R. Green Company's (hereafter "HRG ") standard hourly rates current at the time the work is done. These standard hourly rates are subject to change upon 30 days' written notice. Non -salary expenses directly attributable to the project such as: (1) living and traveling expenses of employees when away from the home office on business connected with the project; (2) identifiable communication expenses; (3) identifiable reproduction costs applicable to the work; and (4) outside services will be charged in accordance with the rates current at the time the work is done. 2. Payment shall be due within thirty (30) days after date of monthly invoice describing the work performed and expenses incurred during the preceding month. 3. CLIENT agrees that timely payment is a material term of this Agreement and that failure to make timely payment as agreed constitutes a breach hereof. In the event payment for services rendered has not been made within thirty (30) days from the date of invoice, HRG may, after giving seven (7) days written notice to CLIENT and without penalty or liability of any nature, and without waiving any claim against CLIENT, suspend all work on all authorized services as set forth herein. Upon receipt of payment in full for services rendered, plus interest charges, HRG will continue with all services not inconsistent with Article D.4 herein. Payment of all compensation due HRG pursuant to this Agreement shall be a condition precedent to CLIENT using any of HRG's professional services work products furnished under this Agreement. 4. In order to defray carrying charges resulting from delayed payments, simple interest at the rate of eighteen percent (18 %) per annum (but not exceeding the maximum rate allowed by law) will be added to the unpaid balance of each invoice. The interest period shall commence thirty (30) day's after date of original invoice and shall terminate upon date of payment. Payments will be first credited to interest and then to principal. No interest charge will be added during the initial thirty (30) day period following date of invoice. C. COMMENCEMENT OF WORK. The work will be commenced immediately upon receipt of this signed purchase order. If after commencement of work the project is delayed for any reason beyond the control of HRG for more than sixty (60) days, the terms and conditions contained herein are subject to revision. Subsequent modifications shall be in writing and signed by the parties to this Agreement. D. MISCELLANEOUS PROVISIONS 1. BOOKS OF ACCOUNT. HRG will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of HRG. - 7 -