Res 2012-079 - Laserfiche WebLink

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NOW THEREFORE, and in consideration of the foregoing and of the mutual benefits and obligations provided herein, the sufficiency of which is hereby acknowledged, the Parties do contract and agree as follows: ARTICLE I DESCRIPTION OF WORK Section 1.1. Services. Subject to the terms and conditions of this Contract, the EAA hereby engages the City of San Marcos to perform, for the benefit of the EAA, the work set forth and described in this Agreement and in the following documents (the "Services ") which are attached hereto and incorporated herein for all purposes: the Scope of Work and Budget Estimate attached hereto as Exhibit A (the "Scope of Work "). The City of San Marcos hereby accepts such engagement and agrees to devote its best efforts and abilities, and furnish all necessary labor, machinery, equipment, tools, and transportation necessary in furtherance of its engagement hereby. Section 1.2. Commencement and Completion Date. The City of San Marcos will commence work hereunder immediately upon receipt of written notice issued by the EAA. All work contracted for this Agreement shall be completed by December 31, 2012. Time is of the essence in the performance of this Agreement. All work covered hereby will be completed in compliance with the budgets, descriptions and specifications contained herein and in the Exhibit A hereto. It shall be the City of San Marcos's responsibility to ensure that the completion times for the tasks required for this project are met. ARTICLE II ALTERATIONS TO CONTRACT AND SCOPE OF WORK Section 2.1. Notice of Changes. The EAA may, at its own option or upon the recommendation of the City of San Marcos, request changes or additions to the Scope of Work during the progress of the work by delivering change orders to the City of San Marcos. Section 2.2. Change Orders. The City of San Marcos agrees to honor any change orders to the Scope of Work issued by the EAA provided that the total amount of change orders issued for this Contract shall not exceed twenty -five percent (25 %) of the total amount paid pursuant to this Contract, and with each such change order the amount paid pursuant to this Contract shall be appropriately adjusted. Notwithstanding the foregoing, in the event that the additional Services requested by the EAA pursuant to the change orders exceeds twenty -five percent (25 %) of the total compensation amount paid pursuant to this Contract, the parties to this Contract agree that such Services must be the subject of either a written amendment to this Contract or a 2 of 7