Res 2000-069 - Laserfiche WebLink

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ADDENDUM TO MASTER ORDERING AGREEMENT, WILLIAMS COMMUNICATIONS SOLUTIONS, LLC THIS ADDENDUM shall amend and shall constitute a part, together with any exhibits or schedules attached hereto. of that certain existing Master Ordering Agreement (the "Agreement") made as of the _9th_ day of _March_, 2000 between WILLIAMS COMMUNICATIONS SOLUTIONS. LLC ("Williams") and CITY OF SAN MARCOS. ("Customer") and the terms hereof will for all purposes be deemed incorporated into the Agreement. In the event of any conflict between the terms of the Agreement and the terms of this Addendum, the terms of this Addendum will control. All capitalized terms, unless otherwise indicated. will have the meanings attributed to them in the Agreement. 1. Section 2. AGREEMENT TERM, is revised by adding the following language to the end of the section: "Funds for payment of this Agreement have been provided through the Customer's budget for the current fisca year only. State statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for whicl a budget has been approved. However, the cost of items or services covered by this contract is considered a recurring requirement and is included as a standard and routine expense of the Customer to be included in each proposed budget within the foreseeable future. The Customer expects this to be an integral part of future budgets to be approved during the period of this contract except for unanticipated needs or events which ma~ prevent such payments against this contract. However. the Customer cannot guarantee the availability of funds, and enters into this contract only to the extent such funds are made available. The fiscal year for the Customer extends from October 1 st of each calendar year to September 30th of the following calendar year. The Customer will provide immediate written notice to Williams of any non~appropriation of funds for continuation of this Agreement to a new fiscal year. If this notice is given. this Agreement will terminate at the end of the Customer's fiscal year for which funding was appropriated." 2. Section 3, PRICE, PAYMENT TERMS, AND SCHEDULING. is revised as follows: a. Delete the third sentences in its entirety. b. In the third from last sentence change the word "invoice" to "invoiced". 3. Section 5, CHANGES, is revised by deleting the next to last sentence in its entirety and replacing it with the following: "A restocking fee may be charged for any returned component that has been delivered to the Premises. unles the component was delivered in error, the component was defective, or the component does not perform a warranted upon Cutover; any such fee will be invoiced as an additional charge." 4. Section 9, INSTALLATION AND TRAINING, is revised as follows: a. Subsection (a) add the following sentence after the first sentence: "Installation of the System will be performed Monday through Friday between the hours of 8:00 a.m. - 5:00 p.m., excluding holidays." b. Subsection (a) add the following sentence after second sentence: "Williams will assist Customer and Customer's contractors as reasonably necessary, with Customer's responsibility to meet the environmental requirements set forth in the manufacturer's specifications. Williams will inspect the switchroom and provide Customer with a written list of deficiencies needing correction in order to meet the system manufacturer's specifications with respect to physical size requirements, layout, type and placement of electrical receptacles." Addendum to MOA.doc PFH Page 1 of 3