Reso 2002-431 - Laserfiche WebLink

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8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT CONTRACT EXHmIT "A" SPECIAL PROVISIONS The purpose of this Exhibit "A" is to delineate any and all changes, deletions and/or additions to the Exhibit "B" General Terms & Conditions. In the event of any conflict between this Exhibit "A" and any other provision specified in this Contract, this Exhibit" A" shall take precedence. 1. A new Article 1.4 is hereby added as follows: "The CITY shall submit quarterly reports to the DISTRICT throughout the term of this AGREEMENT. Any requests for changes to the Exhibit "c" Statement of Work shall be submitted by the CITY in writing to the DISTRICT for approval, and the DISTRICT shall submit its comments/approval in writing to the CITY within ten (10) days after receipt of the request for change. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required." 2. Article 2.4 is hereby deleted and replaced as follows: ''The CITY shall submit quarterly financial statements to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The CITY shall report and document the amount of fuQds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date. The DISTRICT shall only be obligated to pay for a maximum no-to-exceed AGREEMENT funding limitation of $500,000. In no event shall the DISTRICT be liable for any expenditures hereunder in excess of $500,000." 3. A new Article 2.5 is hereby added as follows: ''The CITY is hereby authorized to contract with third parties (subcontract) for engineering and construction services awarded through a competitive process comparable to Chapters 255 and 287, Florida Statutes. The CITY shall not subcontract, assign, or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manger. The CITY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the CITY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s)." 4. Article 7.1 is hereby modified to add the following paragraph: ''The CITY shall maintain books, records and documents directly pertinent to performance under this AGREEMENT as described above. The CITY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes." 5. Article 7.2 is hereby deleted in its entirety and replaced as follows: "Both the DISTRICT and the CITY shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "C", Statement of Work. Both parties' rights to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the CITY under this AGREEMENT shall be deemed to be Exhibit "A" Special Provisions Contract No. C-13161 Page 1 of 2