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EP]EDMUNDS <br />& ASSOCIATES <br />Simple. . Solutions. <br />materials, apparatus, appliances, tools, machinery, transportation and whatever else may be required to <br />do and complete the work, and shall be responsible for same, and for the safe, proper and lawful <br />installation, maintenance and use thereof. <br />VENDOR and CITY shall protect the work sites and work from damage, and shall make good all entry <br />to same occurring before the completion of the work to be performed under the Contract. All on -site <br />work shall be approved and scheduled in advance by the CITY's authorized agent or his designee (CITY <br />Project Manager) of CITY. VENDOR and CITY shall comply with all applicable statutes, laws, <br />ordinances, rules and regulations relating to the performance of the work hereunder. If any portion of <br />the Contract is at variance therewith, VENDOR and CITY shall promptly notify the other party upon <br />discovering same. <br />CITY'S RESPONSIBILITY <br />The CITY is expected to maintain the training schedule that is agreed upon before the installation. Strict <br />adherence to this schedule and performance of the tasks assigned to the client will greatly assist in the <br />implementation of the client's new software application system. Client's staff must dedicate adequate <br />time, their undivided attention during training and completion of required tasks between sessions. <br />CITY will fully cooperate with and assist VENDOR in the performance of its responsibilities under the <br />Contract. As part of CITY's responsibilities, it will designate a qualified staff member who will be the <br />CITY's Project Manager, and who will have authority to act for CITY and provide VENDOR with <br />necessary information and data concerning CITY's operations and activities. <br />The CITY and VENDOR will agree to a project schedule. The timeliness of the CITY completing their <br />tasks will affect our ability to perform our tasks in a timely manner. Should the CITY fail to meet a <br />deadline, VENDOR's affected milestones will be adjusted accordingly by the CITY. <br />The CITY will: <br />Have responsibility for populating data files provided by VENDOR (i.e., pre- formatted Excel file <br />for data to be converted). <br />Provide staff to help define all appropriate flows, rules and processes <br />Do whatever else both parties mutually agree to during the planning and implementation <br />phases. <br />TIME OF PERFORMANCE <br />It is expressly understood and agreed that time is of the essence in the Contract. VENDOR shall <br />commence performance of the Contract within fourteen (14) days of the date of execution of the <br />Contract by CITY, and shall furnish the professional services and materials set forth in the Contract, <br />within the time periods set forth herein. <br />THIRD PARTY SOFTWARE <br />All third party software purchased by the CITY is covered by the original manufacturer's warranty and is <br />bound by the stated license agreement. The vendor assumes no responsibilities for these products. <br />Support for these products is solely from the original software manufacturer and not from the vendor. <br />This includes off the shelf software products such as MS Excel, Lotus, WordPerfect, and the like. Any <br />17 <br />