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R2018-96 Authorizing an Amendment to the Services Agreement with Johnson Controls CP 2018-07
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R2018-96 Authorizing an Amendment to the Services Agreement with Johnson Controls CP 2018-07
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Last modified
3/11/2021 12:46:49 PM
Creation date
8/8/2018 10:32:34 AM
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Resolution/Ordinance
Res Ord Num
R2018-96
Res Ord Title
Resolution Authorizing an Amendment to the Services Agreement with Johnson Controls CP 2018-07
Department
Public Works
Approved Date
8/6/2018
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EXHIBIT B <br /> Schedule 3—Customer Responsibilities <br /> Schedule 4—Price and Payment Terms <br /> Attachment 1 —Notice to Proceed <br /> Attachment 2—Change Order <br /> Attachment 3 Certificate of Substantial Completion <br /> Attachment 3A—Certificate of Final Completion <br /> Appendix 1 —Line-by-Line Lighting Scope <br /> 3. NOTICE TO PROCEED; SUBSTANTIAL COMPLETION; M&V SERVICES. This Agreement shall become <br /> effective on the date of the last signature on the signature page below. JCI shall commence performance of <br /> the Work within ten (10) business days of receipt of Customer's Notice to Proceed, a form of which is attached <br /> hereto as Attachment 1, and shall achieve Substantial Completion of the Work by the Substantial Completion <br /> date, which shall be: <br /> a) the date on which Customer executes a Certificate of Substantial Completion substantially in the form <br /> attached hereto as Attachment 3; <br /> For purposes of this Agreement, "Substantial Completion" means that JCI has provided sufficient materials and <br /> services to permit Customer to operate the Improvement Measures. The M&V Services shall commence on <br /> the first day of the month following the month in which Customer executes a Certificate of Substantial <br /> Completion and shall continue throughout the Guarantee Term, subject to earlier termination of the Assured <br /> Performance Guarantee as provided herein. Customer acknowledges and agrees that if,for any reason, it(i) <br /> cancels, or terminates receipt of M&V Services, (ii)fails to pay for M&V Services in accordance with Schedule <br /> 4, (iii)fails to fulfill any of Customer's responsibilities necessary to enable JCI to complete the Work and provide <br /> the M&V Services, or(iv) otherwise cancels, terminates or materially breaches this Agreement, the Assured <br /> Performance Guarantee shall automatically terminate and JCI shall have no liability thereunder. <br /> CITY OF DECATUR JOHNSON CONTROLS, INC. <br /> Signature: Signature: <br /> Printed Name: Printed Name: <br /> Title: Title: <br /> Date: Date: <br /> Performance Contract(Rev 15) <br /> Johnson Controls,Inc.—Proprietary <br /> 0 2008 Johnson Controls,Inc. <br /> 2 <br />
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