Resolution 2010-77 - Laserfiche WebLink

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Section 1. Scope of Work All of the specific location(s) and type(s)of traffic control device(s)to be operated and maintained by the Contractor pursuant to this contract are described in Exhibit A, attached hereto and incorporated herein. Such services and highways are further detailed in Section 5. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1. Special Provisions contained in section 23 of this contract 2. This contract 3. Exhibit A (Scope of Work) 4. Exhibits C and D (Contract Modification Tools) 5. Other Exhibits in descending order of their attachment. Section 3. Term This contract shall be effective upon approval of the State Controller or designee, or on the date made, whichever is Pater. The term of this contract shall be for a term of FIVE (5) years. Provided, however, that the State's financial obligation for each subsequent, consecutive fiscal year of that term after the first fiscal year shall be subject to and contingent upon funds for each subsequent year being appropriated, budgeted, and otherwise made available therefor. Section 4. Project Funding and Payment Provisions A. The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work, as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to complete the work under the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B. B. Subject to the terms of this Contract, for the satisfactory performance of the maintenance services on the Highways, as described in Section 5. the State shall pay theContractor on a lump sum basis, payable in monthly installments, upon receipt of the Contractor's statements, as provided herein. 1. The State shall pay the Contractor for the satisfactory operation and maintenance of traffic control devices under this contract at the rates described in Exhibit C, which is attached hereto and made a part hereof. Provided, however, that the total charges to be paid by the State during each fiscal year beginning July 1 and ending June 30 of the following year shall not exceed a maximum amount of $3,000.00 without the benefit of a supplemental agreement executed prior to any such excess charges being incurred. The maximum contract total shall not exceed the cumulative five -year total of $15,000.00. Contractor billings and State payments for each of the traffic control devices listed in Exhibit B shall be on a "lump sum" basis, in accordance with the rates described in Exhibit C, subject to the maximum amount described above. The Contractor will bill the State monthly and the State will pay such bills within 60 days. PaLre2of12