RES 88420 - Laserfiche WebLink

The date of delivery of the reports may not be extended without written authorization signed by the Director of Public Works. 4. Payment will be made within thirty (30) days of invoice and shall be based upon receipt of the written report(s) and/or the time required for other assigned tasks as described in the following terms. A. Reports Report No. 1 - $8,000 Report No. 2 - $5,500 Report No. 3 - $4,250 B. Consultant agrees to act as an expert witness with respect to condemnation suits which may arise during this work. Consultant shall be paid the sum of $80.00 for any hour (thru 12/1/88) Consultant is called upon for pretrial conferences with City Attorneys or for additional services not within the scope of the original report as authorized by written instructions from the City in the form of a letter or other written memorandum. Consultant shall be paid $150.00 per hour for appearance in court or at depositions as an expert witness pursuant to directions from the City in a condemnation case or other proceedings involving the above-described property (properties). Consultant shall receive payment for only that portion of the day worked, computed on the basis of rates set out herein. 5. It is mutually understood and agreed that this contract is made with respect to possible litigation. It is further agreed that Consultant will be available as a witness therein or in the alternative, in any arbitration hearings relative to said litigation and that Consultant's report and conclusions are for the confidential communication to and information and use of the attorneys representing the City and will not be disclosed in whole or in part to any person whomsoever except at the request and direction of said attorneys. 6. Consultant warrants, by execution of this contract, that no person or selling agency has been employed or retained to solicit or to secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warranty, the City shall have the right to annul this contract without liability, paying only for the value of the work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise to recover, the full amount of such commission, percentage, brokerage or contingent fee.