O-1998-2261 - Laserfiche WebLink

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e e 5.2 The CONSULTANT shall complete the services described in Article II, Scope of Work within twelve (12) months from receipt of written Authorization to Proceed by the CITY, unless terminated, or unless the Scope of Work and Time of Performance are changed in accordance with Article X, Changes or Termination. 5.3 The completion schedule set forth in Paragraph 5.2 may be subject to causes that result in delay over which neither the CONSULTANT nor CITY has any control. Notification and justification for any such delays identified by the CONSULTANT must be made in writing and approved by the CITY. The schedule of work will be extended to include any such delays pursuant to Article X, Changes or Termination. 5.4 This Agreement shall terminate upon the CITY's final acceptance of work completed by the CONSULTANT or on October 31. 1999, unless otherwise terminated or modified as hereinafter provided. ARTICLE VI COMPENSATION TO CONSULTANT 6.1 The CITY shall compensate the CONSULTANT a maximum amount payable under this contract not to exceed $120.000.00. which includes estimated costs in the amount of $105,687 as well as a fixed fee of $14,313.00. However. the maximum amount may be modified pursuant to Article X, Changes or Termination, in the event of increased cost. change in the scope of work. time of performance delays, or increase or decrease in the complexity or character of the work. All payments made hereunder will be on the basis of reimbursement of actual costs incurred, not to exceed the limits the maximum amount payable under this contract. The CITY shall make partial proportionate payments of the fixed fee based on the amount of work completed by the CONSULTANT. 6.2 Payment shall be made by the CITY upon receipt of a detailed statement showing the actual cost incurred, proportionate amount of fixed fee. total amount eamed, amount previously invoiced, and amount payable. The CONSULTANT shall submit a monthly progress report letter containing a report of work completed and the percentage completion by task and for the overall project. The progress report letter will describe the services performed and work accomplished during the report period. as well as any problems or delays encountered and actions taken to remedy them. Each statement shall be certified true and correct by an Officer of the CONSULTANT. Each invoice is due and payable by the CITY within thirty (30) days following the date of receipt by the CITY. When approximately sixty (60) percent of the $120,000.00 authorization has been spent, the CONSULTANT shall provide, with the monthly progress report, an assessment of the project to date, including recommend modifications to the scope of work. andJor the expected need for additional authorizations, if any. The CONSULTANT will not exceed the maximum fee of $120.000.00 unless authorized in writing by the CITY. 6.3 The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by the CITY for the performance of this Agreement. If at any time during the period of performance under this Agreement sufficient appropriations and authorization are not made by the CITY. this Agreement shall terminate upon written notice being given by the CITY to the CONSULTANT. The CITY's decision as to whether sufficient appropriations are available shall be accepted by the CONSULTANT and shall be final. -Page 3 of 9-