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<br />Contract #S136213 <br /> <br />[ ] Upon the issuance of a Notice to Proceed by the District; or <br /> <br />[] Within fourteen (14) days of issuance of a Work Order by the District; or <br /> <br />[] On <br /> <br />(insert specific date). <br /> <br />This date shall be known as the "Commencement Date." City shall prosecute the Work regularly, <br />diligently, and uninterruptedly so as to complete the Work ready for use in accordance with the <br />Statement of Work and the time stated for completion therein. A fifteen (15) day period has been <br />included in the allotted time for completion to allow for mailing of this Agreement and City's <br />subrnission of any required submittals. <br /> <br />C. Time is of the Essence. The Commencement Date and Completion Date are essential conditions <br />hereof. In addition, time is of the essence for each and every aspect of this Agreement. Where <br />additional time is allowed for the completion of the Work, the new time limit shall also be of the <br />essence. <br /> <br />ARTICLE II - STATEMENT OF WORK AND DELIVERABLES <br /> <br />A. Deliverables. The Work is specified in the attached Statement of Work. City shall deliver aU <br />products and deliverables as stated therein. City is responsible for the professional quality, <br />technical accuracy, and timely completion of the Work. Both workmanship and materials shall be <br />of good quality. City shall, if required, furnish satisfactory evidence as to the kind and quality of <br />materials provided. Unless otherwise specifically provided for herein, City shall provide and pay <br />for all materials, labor, and other facilities and equipment as are necessary for the performance of <br />the Work. The District's project manager shall make a final acceptance inspection of the <br />deliverables when they are completed and finished in all respects in accordance herewith. The <br />parties may at any time agree in the form of a written amendment to make changes within the <br />general scope of this Agreement to the Work to be provided hereunder. Neither party shall <br />unreasonably withhold consent to any such amendment. <br /> <br />B. Prol!:ress Reports. When requested, City shall submit monthly progress reports to the District's <br />project manager in a form approved by the project manager. The progress report shall provide an <br />updated progress schedule with each payment request, taking into account all delays, changes in <br />the natnre of the Work, etc. In addition to hard copies, all written deliverables (reports, papers, <br />analyses, etc) shall be submitted in machine-readable form in formats consistent with the <br />District's standard software products. The District's standard office automation products include <br />the Microsoft® Office Suite (Word, Excel, Access, and PowerPoint). Other formats may be <br />accepted if mutually agreed upon by the District's Project Manager and chief information officer. <br />Timely submittal of progress reports shall be a condition precedent to payment of invoices. <br /> <br />C. Ownership. All deliverables are the property of the District, including Work that has not been <br />accepted by the District, when the City has received compensation, in whole or in part, for the <br />performance of the Work. Any source documents or other documents, materials, reports, or <br />accompanying data developed, secured, or used in the performance of this Agreement are District <br />property and shall be safeguarded by City. The original documents or materials, excluding <br />proprietary materials, as outlined in the Statement of Work, shall be provided to the District upon <br />the expiration or termination of this Agreement, or upon request. City shall include language in <br />all subcontracts that so provides. <br /> <br />Page 2 of 14 <br />