NEWPORT BEACH, CITY OF 2 -2004 - Laserfiche WebLink

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Attachment B Contractor's Proposal. City reserves the right to substitute the hardware configuration specified by the Contractor in its Proposal with a comparable manufacturer as part of final System Design discussions. 2.3 Contractor agrees to provide what is described as "Coplink Light" software for use in a mobile computing environment as part of this Agreement. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion according to the schedule outlined . in the Proposal. The failure by Contractor to perform the services by this deadline may result in termination of this Agreement by City. Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.2 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand"delivery or mail. 3.3 Contractor and City understand that Phase 2 will likely stretch over a period of several years. RMS systems will be integrated into the final system design as they come on line and stabilize, and the agencies that own them are ready to embark on the integration. As agencies are ready to add their RMS system to the final system platform, a work order will be issued for one or more RMS systems. Work orders may overlap and there may be lulls in implementation activity should agencies not be ready to move their systems to the integrated environment. . 4. COMPENSATION TO CONTRACTOR AND BILLING: City shall pay Contractor for both Phase 1 and Phase 2 services on a fixed-price, milestone basis in accordance with the provisions of this Section, the Scope of Work attached as Exhibit A and the Proposal attached hereto as Exhibit B. In no event shall Contractor's compensation exceed the total contract price of One Million, One Hundred Twenty-Three Thousand, Nine Hundred Twenty- Seven Dollars and Seventy-Two Cents ($1,123,927.72) for Phase 1 of this Project without additional authorization from City. Contractor agrees to accept 4