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? 30 <br />City of North Olmsted, N?"% xxx xxxx <br />JJ. VENDOR'S RESPONSIBILITY <br />It is understood and agreed that VENDOR shall furnish to CITY a complete, fully <br />operational application software system, in accordance with but not limited to the <br />details contained in the RFP, Exhibits, and Addenda. In the event that VENDOR's <br />proposal includes software developed by another VENDOR, manufacturer or supplier, <br />VENDOR shall assume responsibility for such items offered as part of said proposal, <br />and installation of the VENDOR provided third party software. Manufacturer and/or <br />supplier or other subcontractor shall contract directly with CITY for on-going <br />maintenance support. Except as specifically referenced in this Agreement, VENDOR <br />shall be responsible for carrying out its obligations and responsibilities pursuant to this <br />Agreement, and shall be the only entity to receive payment for same from CITY. <br />VENDOR, jointly with CITY, shall approve in advance and in writing all form <br />layouts, paper quality and design to assure their compatibility with the computer's <br />operating system, software and printers. VENDOR and CITY shall be responsible for <br />implementing all aspects of this Agreement, including the technique, sequence, <br />procedures and means of coordination of the work, and shall provide all supervision <br />and direction necessary to accomplish same. VENDOR shall provide all manner of <br />labor, materials, apparatus, appliances, tools, machinery, transportation and whatever <br />else may be required to do and complete the work, and shall be responsible for same, <br />and for the safe, proper and lawful installation, maintenance and use thereof. CITY <br />will provide consumable products [i.e., paper, toner, ribbons, etc] that meet the written <br />specifications that will provided to the City prior to executing this agreement. <br />VENDOR and CITY shall protect the work sites and work from damage, and shall <br />make good all entry to same occurring before the completion of the work to be <br />performed under this Agreement. All on-site work shall be approved and scheduled in <br />advance by the CITY's Mayor or his designee (CITY Project Manager) of CITY. <br />VENDOR and CITY shall comply with all applicable statutes, laws, ordinances, rules <br />and regulations relating to the performance of the work hereunder. If any portion of <br />this Agreement is at variance therewith, VENDOR and CITY shall promptly notify the <br />other party upon discovering same. <br />KK. CITY'S RESPONSIBILITY <br />CITY will fully cooperate with and assist VENDOR in the performance of its <br />responsibilities under this Agreement. As part of CITY's responsibilities, it will <br />designate a qualified staff inember who will be the CITY's Project Manager, and who <br />will have authority to act for CITY and provide VENDOR with necessary information <br />and data concerning CITY's operations and activities. <br />Prepared by Barry Strock Consulting Associates, Inc. O 2004