Reso 2024-3757 - Laserfiche WebLink

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e. Losses upon other contracts or from sales or exchanges of capital assets or Internal Revenue Code Section 1231 assets; and f. Damage or loss caused by delay. D. DELIVERABLES 1. Deliverables required by the Consultant pursuant to this Letter Agreement are set forth in Exhibit "1" to this Letter Agreement. E. SCHEDULE 1. Upon receipt of the fully executed Purchase Order, the Consultant shall commence services to the City, and shall continuously perform services to the City, without interruption, in accordance with the time frames set forth by the City, which shall become the Project Schedule. 2. No Damages for Delay: The Consultant shall not be entitled to any claim for damages including, but not limited to, loss of profits, loss of use, home office overhead expenses, equipment rental and similar costs on account of delays in the progress of the Project from any cause or national disaster or emergency, unusual delay in deliveries, unusual delay in procuring permits, differing site conditions, unavoidable casualties or other cause beyond the Consultant's control, or by delay authorized by the City, or by other causes which the Consultant determines may justify delay. The Consultant's sole recovery and remedy for any such delay shall be a reasonable extension of time and a revision to the Project Schedule as determined by the City. However, additional costs to the Consultant or delays in the Consultant's performance caused by improperly timed activities shall not be the basis for granting a time extension. If the Consultant wishes to make a claim for an increase in time of performance, written notice of such claim shall be made to the City within three (3) working days after the occurrence of the event, or the first appearance of the condition giving rise to such claim. The City's representative shall determine whether the Consultant is entitled to a time extension for the delay. The failure of the Consultant to give such notice shall constitute a waiver of any claim under this section. F. COMPENSATION The original contract and additional services approved by the above resolutions totaled $57,220.00. The City shall compensate the Consultant for the remaining unbilled portions of these contracts in an amount not to exceed $15,604.00, which was previously approved by the City Commission in Resolution Nos. 2022-3332, 2022-3438 and 2023-3525, based on services rendered pursuant to Section B Scope of Services, of this Letter Agreement. Billings for each task shall not exceed the amount allocated below. 2. Payment to the Consultant of the sum set forth in Section F.1 shall be allocated based on work completed for each of the following tasks: Structural..............................................................................................................$16,100.00 Architecture............................................................................................................ $7,520.00 GPRSurvey..........................................................................................................$1,400.00 Page 3 of 6 470