Terms + Conditions
Zoning / Land Development Consulting Services
Scope of Services
Scope of Services will be outlined in an engagement letter detailing all Terms + Conditions and expectations. Scope of Services shall be agreed upon by both parties prior to any fees incurred.
Fees and Expenses
Regarding my fees, my time is billed based on an hourly rate. An estimated cost of fees shall be provided within the Engagement Letter for the above-described scope of services. However, the actual fees incurred may be more or less than the provided estimate, unless I specifically agree in writing to limit my overall fees to a specific amount. Further, my time is billed in six (6) minute increments based on the hour (i.e.: 30 minutes of time incurred would be represented on an invoice with a notation of .5 hours). In addition, my invoices may include a description of the task or service provided and the corresponding amount of time incurred upon request. This rate does not include any filing fees associated with the government process submittals unless otherwise determined.
Regarding expenses, it is possible that I may incur some out-of-pocket expenses in the course of performing my consulting services. Such “out-of-pocket” expenses may include, but not be limited to, items such as long-distance telephone charges, copying expenses, travel expenses, etc. If I anticipate incurring any “out-of-pocket” expenses in excess of $100.00, before incurring such expense I will obtain your written authorization to do so and your acknowledgment that you will reimburse me for that agreed upon “out-of-pocket” expense. Any “out-of-pocket” expenses that I incur will be itemized on your monthly invoice.
Nonprofit Management Consulting Services
Scope of Services
Scope of Services will be outlined in an engagement letter detailing all Terms + Conditions and expectations. Scope of Services shall be agreed upon by both parties prior to any fees incurred.
Fees and Expenses
Regarding my fees, my time is billed based on an hourly rate. An estimated cost of fees shall be provided within the Engagement Letter for the above-described scope of services. However, the actual fees incurred may be more or less than the provided estimate, unless I specifically agree in writing to limit my overall fees to a specific amount. Further, my time is billed in six (6) minute increments based on the hour (i.e.: 30 minutes of time incurred would be represented on an invoice with a notation of .5 hours). In addition, my invoices may include a description of the task or service provided and the corresponding amount of time incurred upon request. This rate does not include any filing fees associated with the government process submittals unless otherwise determined.
Some services may be offered as a flat fee and divided between the amount of estimated months. Expectations and payment structure shall be negotiated and agreed upon by both parties prior to any fees incurred.
Regarding expenses, it is possible that I may incur some out-of-pocket expenses in the course of performing my consulting services. Such “out-of-pocket” expenses may include, but not be limited to, items such as long-distance telephone charges, copying expenses, travel expenses, etc. If I anticipate incurring any “out-of-pocket” expenses in excess of $100.00, before incurring such expense I will obtain your written authorization to do so and your acknowledgment that you will reimburse me for that agreed upon “out-of-pocket” expense. Any “out-of-pocket” expenses that I incur will be itemized on your monthly invoice.
All Consulting Services and Agreements
Payment of Fees Incurred
Regarding payment of my invoices, payment of my invoices must occur within thirty (30) days of the date of any invoice. Invoices will be submitted monthly. Payment can be made to me at the address I have provided below under my signature line. Payment options include: Check, Cash, Credit/Debit Card through Stripe website services, and other electronic means of payment processing such as Zelle, Apple Pay, and Venmo. If you wish to receive an itemized list of tasks and time attributed to the invoices, I will do so upon request.
A late fee of five percent (5%) will be added to the invoice for each 30 days unpaid. After sixty (60) days of an unpaid invoice, consulting services will cease until all payments are completed. If more than ninety (90) days have passed, Pleasant Cities, LLC may seek payment through a collections agency which may or may not impact your credit.
Use for Media/Advertising and Intellectual Property
With regard to the media, Client acknowledges that any media appearances, advertising campaigns, or public statements related to the services provided by the firm, including but not limited to social media posts, press releases, or interviews, are the sole responsibility of the Client. The firm will not be responsible for any content or statements made by the Client or on the Client's behalf, and the Client agrees to indemnify and hold the firm harmless from any claims, damages, or liabilities arising from such content or statements. If the Client were to authorize Pleasant Cities, LLC to answer questions for the media, Pleasant Cities, LLC will do so in writing and will not release responses until written approval by the Client is provided.
The Client shall grant Pleasant Cities, LLC a non-exclusive, non-transferable license and ability to use the Client's logo solely for the purpose of identifying Pleasant Cities, LLC as the consultant engaged by the Client on the project described herein. This license is limited to the duration of this Engagement Agreement and any extensions thereof. Upon completion of the Engagement Agreement, Pleasant Cities, LLC shall have full rights to publish the Client’s logo as a partner on the official Pleasant Cities, LLC website. Furthermore, the Client's logo shall not be used by Pleasant Cities, LLC for any other purpose, including but not limited to marketing or advertising purposes, without Client's prior written consent.
Documentation
I will send you copies of any and all documents and correspondence and other information throughout the matter via flash drive. These copies will be your file copies. I will also keep the information in a file in my office. The file in my office will be my file. Once I have completed the contracted work necessary to conclude this matter, I will close my file and return any original documents to you. I will then store the file for approximately five (5) years, to the best of my ability. I will destroy the file after that period of time unless you instruct me in writing now to keep it longer.
Right to Terminate
You may terminate this representation at any time with or without cause by notifying us in writing of your desire to do so. Upon receipt of the notice to terminate representation, we will stop all consulting work on your behalf immediately. You will be responsible for paying all consulting fees and expenses incurred on your behalf in this matter before the date of written notice of termination was received by our firm.
[If/when appropriate) If you terminate the representation before the conclusion of the matter, we will be entitled to receive from the proceeds of any recovery a reasonable fee for the work we have performed, based upon the amount of time required, the complexity of the matter, the time frame within which the work must be performed, our experience, ability, reputation, the responsibility involved and the results obtained.
We may terminate our representation (to the extent permitted by the ethical rules established by the American Planning Association) at any time if you breach any material term of this agreement or fail to cooperate or follow our advice on a material matter, if conflict of interest develops or is discovered, or if there exists at any time any fact or circumstance that would, in our opinion, render our continuing representation unlawful, unethical, or otherwise inappropriate. If we elect to terminate our representation, you will take all steps reasonably necessary and will cooperate as reasonably required to free us of any further obligation to perform consulting services, including the execution of any documents necessary to complete our withdrawal from representation. In such case, you agree to pay for all legal services performed and expenses incurred before the termination of our representation in accordance with the provision of this agreement.
Confidentiality
During the course of this engagement, it is understood that Pleasant Cities, LLC may receive or have access to confidential information, including but not limited to, business strategies, Client data, documentation, financial information, and trade secrets, belonging to your organization (hereinafter referred to as "Confidential Information"). Pleasant Cities, LLC agrees to maintain the confidentiality of all such Confidential Information and will not disclose it to any third party without the prior written consent of your organization, except as required by law or court order and those documents referenced under Media/Advertising in this Engagement Letter. This obligation of confidentiality shall survive the termination of this engagement and shall continue indefinitely.
Final Agreements
In the event that the Engagement Letter and these Terms + Conditions are in conflict, the official and final signed Engagement Letter shall rule. In the event this Engagement Letter needs renegotiating in the middle of the consultation services, both parties shall be in an agreement and sign the updated Engagement Letter. If no resolution can occur, both parties risk terminating the terms outlined in the initial Engagement Letter, thus ending the client/consultant relationship. All incurred fees shall be settled as referenced in the “Right to Terminate” section of these Terms + Conditions.