NEWPORT BEACH, CITY OF 2 -2004 - Laserfiche WebLink

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Attachment B 4.5 Mutually agreed costs for Extra Work shall be added to the total contract price for the applicable phase. Payment shall be incorporated into the milestone payment schedule in the same percentages as outlined for the original contract. 4.6 Notwithstanding any other provision of this Agreement, when payments made by City equal 90% of the total Phase 1 contract price provided for in this Agreement, no further payments shall be made until City has accepted the final Phase 1 work under this Agreement. 4.7 Phase 2 will be contracted on a work-order basis as agencies add their RMS system to the integration platform. Payments for Phase 2 work shall be based on the Phase 2 pricing included in Exhibit B, Contractor's proposal, and shall utilize a payment schedule with a milestone model as documented above. 4.8 Contractor acknowledges and agrees that in no event shall City's general fund monies be used to pay for services in either Phase 1 or 2 of the Project. City is acting solely as the administrator of the COPS MORE grant funds, which are held in trust by City on behalf of the OCILJ Steering Committee. In the event these funds are inadequate to pay for the costs of the Project, Contractor acknowledges and agrees that neither City nor its general fund shall be required to make up the shortfall. 5. SOFTWARE LICENSE Contractor hereby grants to City, a perpetual, non-exclusive and non- transferable license to use for the internal business purposes of City and participants in the OCILJ as designated by City any and all Contractor Software provided to City under this Agreement in accordance with the terms and conditions set forth in this Agreement. 6. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. . This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Bradley Cochran to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit B or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non-key personnel. Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6