2008-263 - Laserfiche WebLink

Home Browse Search

Unless otherwise provided in the Feasibility Report, such training shall be conducted with respect to an ECO following the Substantial Completion Date of the ECO . 4 . 3 Implementation Price and Payment. 4 . 3 . 1 Implementation Price . The Customer shall pay to the Company the Implementation Price set forth in a Feasibility Report for all Implementation Services performed by the Company pursuant to a Customer authorized Implementation Services Authorization Form. The Implementation Price is the full compensation for such Implementation Services and includes all federal, state and local taxes, if any, including sales, use and excise taxes, assessed with respect to the Implementation Services or with respect to the furnishing of equipment and materials thereunder. 4 . 3 .2 Implementation Price Payment. Subject to the requirements of the Local Government Prompt Payment Act, within thirty (30) days following the Substantial Completion Date or as otherwise set forth in the draw schedule attached to the Implementation Authorization Form, the Company shall provide an invoice to the Customer for all or any portion of the Implementation Price, in accordance with Section 4 . 2 . 5 , together with any unpaid Feasibility Study Price for such ECO(s), and the Customer shall be obligated to pay the total of such amounts within thirty (30) days following receipt of the invoice . In the event the Master Agreement is terminated by either Party prior to the Substantial Completion Date, all accrued and unpaid Feasibility Study Price and Implementation Price, including any unpaid interest accrued upon such amounts, shall be paid by the Customer to the Company within thirty (30) days following the Customer ' s receipt of an invoice therefore . 4 . 3 .3 Late Payment. Any overdue payment under Section 4 .4 shall bear interest at the Delayed Payment Rate from the date such payment is due until and including the date of payment. 4 . 4 Identification of Energy Savings . As applicable and in accordance with applicable laws, the Company shall set forth appropriate systems and procedures for measuring and verifying the actual energy savings resulting from the Implementation Services of an ECO, which shall be set forth in an applicable Feasibility Report. 4 .4 . 1 Energy Savings Guarantee . As set forth in and in accordance with the applicable Implementation Services Authorization Form, the Company has formulated and, subject to the adjustments provided for in Section 4 . 1 .2 , has guaranteed the annual level of energy and operations savings to be achieved as a result of the installation and operation of the ECO and provision of Services provided for in this Master Agreement. 4 .4 . 2 Annual Review and Reimbursement/Reconciliation. The Company shall provide to the Customer an annual reconciliation of the guaranteed energy cost savings . If at the end of any calendar year during the guarantee period as specified in the applicable Implementation Services Authorization Form, the ECO has failed to achieve the specified annual energy savings guarantee, and, upon written request by the Customer, which shall be given no earlier than the end of such year and no later than forty-five (45 ) days thereafter, the Company will pay the Customer the difference between the annual amount guaranteed and the amount of actual energy and operations savings achieved at the Location in accordance with the provisions of the applicable Implementation Services Authorization Form. The Company shall remit such payments to the Customer within forty-seven (47) days of written notice by the County of such monies due . When the total energy savings in any one calendar year during the guarantee period exceed the energy savings guarantee as set forth in Implementation Services Authorization Form, and are in addition to those monies due the Company for compensation for Services rendered as set forth in Implementation Services Authorization Form, such excess savings shall first be applied to reimburse the Company for any payment the Company made to Customer to meet the applicable ECO ' guarantee for previous years in which the energy savings fell short of the applicable ECO ' Energy Savings Guarantee under the terms as set forth in the applicable Implementation Services Authorization Form. Any excess savings not needed to reimburse the Company for prior year shortfalls shall be allocated to the Customer. 4 . 5 Bonds . On or before the Company commences Implementations Services at an ECO, the Company shall provide the Customer a one hundred percent ( 100%) performance bond and a labor and materials payment bond pursuant to Section 255 . 05 , Florida Statutes, in an aggregate amount of not less than the Implementation Price . The Company ' s obligations to maintain a performance bond and a labor and materials Page 8 of 20 Rev 08/ 15/08