Reso 2024-3718 - Laserfiche WebLink

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EpdvTjho!Fowfmpqf!JE;!2193E418.88DB.5943.:22G.914D7G:28845EpdvTjho!Fowfmpqf!JE;!ED64EEGG.2G1:.5:C6.C4CB.73549671:658 Cspxbse!Tifsjgg(t!PggjdfCje!2:142NGX 3.1The term of this Agreement shall commence, nunc pro tunc, on January 1, 2020 and expire at midnight on December 31, 2023, unless otherwise renewed or extended as provided for herein. The Agreement may be renewed thereafter for two (2) additional one (1) year periods by SHERIFF upon a written notice to CONTRACTOR from SHERIFF prior to the end of thethen current term, upon the same terms and conditions contained herein. If an option to renew is elected by SHERIFF, then said election shall be memorialized by way of anamendment to this Agreement at the election of theSHERIFF. 3.2CONTRACTOR shall be instructed to commence the Project by written instructions in theform of a Proceed shall set forth the project initiation date. 3.3Time is of the essence throughout this Agreement.The Project shall be substantially completewithin (per timeframe as specified in the project quotation form or issued work order) CALENDAR DAYS from the Project Initiation Date specified in the Notice to Proceed or the Notice to Proceed Date if an Initiation Date is not indicated, and fully completed with all punch list items fullyrepaired and ready for final payment in accordance with Article 4 within (per timeframe as specified in the project quotation form or issued work order) calendar days from the date certified by PROJECT MANAGER and/or CONSULTANT as the date of Substantial Completion, OR (per timeframe as specified in the project quotationform or issued work order) whichever comes first. 3.4Liquidated Damages.Upon failure of CONTRACTOR, or in the case of default, the surety, to provide Substantial Completion to the Project within the specified period of time, set forth in Section 3.3, CONTRACTOR, or in the case of default, the surety shall pay SHERIFF the amount of (per terms in project quotation form or issued work order) for each calendar day after the specified time period until such time as substantial completion is certified. For a period of (per terms in project quotation form or issued work order) calendar days the liquid damage fees shall toll during which time, the CONTRACTOR shall complete all remaining work including punch list work necessary to achieve final completion. Failure of the CONTRACTOR to complete all work within the specified (per terms in project quotation form or issued work order) calendar day period shall result in the continuation of liquidated damages recommencing on the (per terms in st project quotation form or issued work order) (ie.31day) and continuing until final completion. After Substantial Completion, should CONTRACTOR, or in the case of default, the surety, fail to complete the remaining work within the time specified in Section 3.3, for completion and readiness for final payment, CONTRACTOR, or in the case of default, the surety, shall pay SHERIFFtheamount asestablishedaboveforeachcalendardayafterthespecifiedtimeperiod. 3.4.1Default days shall be counted in calendardays. 3.4.2The amounts specified in 3.4 above are not penalties but are liquidated damages to SHERIFF for its inability to obtain full use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained by SHERIFF as a consequence of such delay, and both parties desiring to obviate any question of dispute concerning the amount of the damages and the cost and effect of thefailure of CONTRACTOR to complete the Agreement on time. 80370312:!22;67!BNq/!91