Reso 2011-1665 - Laserfiche WebLink

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to renew this Agreement on a year to year basis, and shall commence upon execution by both parties and the issuance of a Notice to Proceed. ARTICLE 5. COMPENSATION. Payment to Contractor for all charges under this Agreement shall be in accordance with this Agreement and a schedule of charges reflected in Attachment "A". Contractor shall submit invoices on a monthly basis within ten (10) days following the end of each calendar month. City shall pay Contractor only for Work actually performed. The Contractor shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Contractor with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Contractor. In the event both the City and Contractor agree and elect to exercise its option to renew, Contractor agrees to honor the same prices reflected in Attachment "A" during the optional renewal period(s), unless the City agrees in writing to a price change prior to the commencement of the optional renewal period(s). ARTICLE 6. TIME OF COMPLETION. The Contractor shall commence the Work to be performed under this Agreement and the Contract Documents within the number of consecutive days after the date of written notice from the City Manager or his designee to begin Work and shall fully complete the Work in accordance with this Agreement and the Contract Documents within the number of calendar days as set forth in the Contract Documents. ARTICLE 7. TIME IS OF THE ESSENCE~ LIQUIDATED DAMAGES. It is mutually agreed between the parties hereto, that time is of the essence of this Agreement, and, in the event that the Work is not completed within the time specified in the Contract Documents, including this Agreement, it is agreed that from the compensation otherwise to be paid to the Contractor, the City may retain for each calendar day thereafter, Sundays and holidays included, the sum of $250.00 (two hundred and fifty dollars) per day for failure of the Contractor to complete the Work within the time stipulated, and that this sum is not a penalty, but will be the liquidated damage(s) that City will have sustained in the event of such default by the Contractor. ARTICLE 8. CONTRACT DOCUMENTS. All of the documents hereinafter listed form the Contract and they are as fully as part of the Contract as if attached to this Agreement, or repeated in this Agreement: ADVERTISEMENT FOR PROPOSAL CONTRACTOR'S RESPONSES TO ADVERTISEMENT TO PROPOSAL CONTRACTOR'S BID BOND THIS AGREEMENT PERFORMANCE BOND INSTRUCTIONS TO PROPOSERS SPECIFICATIONS ADDENDA ARTICLE 9. CONTINGENCY CLAUSE. Funding for this Agreement is contingent upon the availability of funds and continued authorization for project activities and is subject to CIOll-027 Agreement Page 2 Sf/)