BENTLEY SYSTEMS INC. - 2003 - Laserfiche WebLink

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• CALIFORNIA MULTIPLE AWARD SCHEDULE (CMAS) INFORMATION TECHNOLOGY • PERSONAL SERVICES SPECIAL PROVISIONS AGENCIES MUST DEVELOP AND INCLUDE A STATEMENT OF 3. Unanticipated Tasks WORK (SOW) WITH THE PURCHASE ORDER (SEE BELOW). 1. Personnel a) Contractor personnel shall perform their duties on the premises of the State, during the State's regular work days and normal work hours, except as may be specifically agreed to otherwise by the State. b) The State reserves the right to disapprove the continuing 4. assignment of contractor personnel provided to the State under this contract. If the State exercises this right, and the contractor cannot immediately replace the disapproved personnel, the parties agree to proceed with any equitable adjustment in schedule or other terms that may be affected thereby. c) The contractor will make every effort consistent with sound business practices to honor the specific requests of the State with regard to assignment of its employees; however the contractor reserves the sole right to determine the assignment of its employees. If a contractor employee is unable to perform due to illness, resignation, or other factors beyond the contractor's control, the contractor will make every reasonable effort to provide suitable substitute personnel, d) In recognition of the fact that contractor personnel providing services under this contract may perform similar services from time to time for others, this contract shall not prevent contractor from performing such similar services or restrict contractor from using the personnel provided to the State under this contract, providing that such use does not conflict with the performance of services under this contract. 2. Responsibilities of the State a) The State shall provide normal office working facilities and equipment necessary for contractor performance under this contract. Any special requirements (e.g., reprographic services, computer time, key data entry, etc.) shall be identified in the purchase order or Statement of Work. b) The State is responsible for providing required information, data, documentation, and test data to facilitate the contractors performance of the work, and will provide such additional assistance and services as is specifically set forth in the purchase order or Statement of Work. c) Delay or failure by the State to fulfill the above described responsibilities, such that the contractor is prevented from performing in accordance with the applicable purchase order or Statement of Work. may result in additional costs to the State and deviations from previously agreed upon work schedules. Should the contractor determine that a delay exists, or is probable due to failure of the State, the contractor will notify the State in writing immediateiy. February 2001 17 In the event that additional work must be performed which was wholly unanticipated, and which is not specified in the purchase order or Statement of Work, but which in the opinion of both parties is necessary to the successful accomplishment of the general scope of work outlined, the agency must prepare an amendment to the purchase order to include the unanticipated work before the contractor can commence with the work. Invoicing and Payment for Services a) During the execution of each task which involves the delivery to the State of identified deliverable items, the contractor may submit periodically to the State invoices reflecting a pro - rata cost of the task, determined on the basis of the lesser of either: i) The number of deliverables provided to the State divided by the total number of deliverables required to be delivered to the State, less the percentage specified in the statement of work, less any amounts previously invoiced; or ii) The number of work -hours expended by the contractor in the performance of the task divided by the number of work hours scheduled for the task, less the percentage specified in the statement of work, less any amounts previously invoiced. b) For those tasks which do not involve delivery to the State of identified deliverable items, but which are of a continuing nature, the contractor may submit invoices reflecting a pro- rata cost of the task, less the percentage specified in the statement of work, but no less than 10 percent, less any amount previously invoiced. Actual progress payment amounts for such tasks must be based on at!east equivalent services renderea, and to the extent practicable, will be keyed to clearly identifiable stages of progress as reflected in written reports submitted with the invoices. c) Upon completion of a task to the satisfaction of the State. the full charge for such task, less amounts previously invoiced to the State may be submitted for payment. However, this is only applicable when the benefits of completion of a task can he fully utilized without completion of a subsequent task. d) Invoices prepared in accordance with this provision wiil not be submitted more frequently than monthly to the State. _) In the aggregate, invoices reflecting progress payments will not exceed 90 percent of the ceiling amount of the contract, with the balance to be invoiced upon satisfactory completion of the contract. See Information Technology General Terms and Conditions for CMAS Progress Payments / Perfcrmance Bonds. 5. Contractor Evaluation In accordance with the California Government Code, contractor performance evaluation will be completed within the guidelines of the State Contracting Manual, Section 9.08. The State - contracting agency, upon contract completion, will complete and forward the contractor evaluation to the Departrrlent of General Services. Office of Legal Services.