Common use of Scheduling Software Clause in Contracts

Scheduling Software. Consultant must create the Project Schedule utilizing a scheduling software program acceptable to Judicial Council, which at a minimum shall be Microsoft Project. Consultant acknowledges that Microsoft Excel is not an acceptable scheduling software. Judicial Council Approval. Consultant must provide an acceptable Project Schedule for the Judicial Council’s consideration and approval. If requested by the Judicial Council, Consultant shall make reasonable updates or revises to the Project Schedule as necessary prior to its approval. Work shall not proceed on the Service Work Order until the Judicial Council has approved the Project Schedule. Once approved, Judicial Council and Consultant may, if agreed to in writing, approve subsequent changes to the Project Schedule. This section is applicable only if Consultant received a Disabled Veteran Business Enterprise (“DVBE”) incentive in connection with this Agreement. Consultant’s failure to meet the DVBE commitment set forth in its proposal constitutes a breach of the Agreement. If Consultant used DVBE Sub-Consultants in connection with this Agreement: (i) Consultant must use the DVBE Sub-Consultants identified in its bid or proposal, unless the Judicial Council approves in writing replacement by another DVBE Sub-Consultant in accordance with the terms of this Agreement; and (ii) Consultant must within sixty (60) days of receiving final payment under this Agreement certify in a report to the Judicial Council, on a form supplied by or satisfactory to the Judicial Council, the following: (1) the total amount of money Consultant received under the Agreement; (2) the name and address of each DVBE Sub-Consultant to which Consultant subcontracted Work in connection with the Agreement; (3) the amount each DVBE Sub-Consultant received from Consultant in connection with the Agreement; and (4) that all payments under the Agreement have been made to the applicable DVBE Sub-Consultants. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. The maximum amount the Judicial Council shall be obligated to pay to Consultant under any individual Service Work Order authorized under this Agreement for performing all Work, as well as payment for all Travel and Living Expense and/or any Reimbursable Expenses incurred, shall not at any time exceed the Total Amount specified on the face of the most recently authorized Service Work Order applicable. No verbal agreements will be honored. The maximum amount the Judicial Council shall be obligated to pay to Consultant under this Agreement (“Contract Amount”) shall not at any time exceed the total of all Total Amount(s) Encumbered to Date. The total amount that the Judicial Council may pay the Consultant under this Agreement shall not at any time exceed the total of the Service Work Order Sums of all Service Work Orders authorized for the performance through the current date.

Scheduling Software. Consultant must create the Project Schedule utilizing a scheduling software program acceptable to Judicial Council, which at a minimum shall be Microsoft Project. Consultant acknowledges that Microsoft Excel is not an acceptable scheduling software. Judicial Council Approval. Consultant must provide an acceptable Project Schedule for the Judicial Council’s consideration and approval. If requested by the Judicial Council, Consultant shall make reasonable updates or revises to the Project Schedule as necessary prior to its approval. Work shall not proceed on the Service Work Order until the Judicial Council has approved the Project Schedule. Once approved, Judicial Council and Consultant may, if agreed to in writing, approve subsequent changes to the Project Schedule. This section is applicable only if Consultant received a Disabled Veteran Business Enterprise disabled veteran business enterprise (“DVBE”) incentive in connection with this Agreement. Consultant’s failure to meet the DVBE commitment set forth in its bid or proposal constitutes a breach of the Agreement. If Consultant used DVBE Sub-Consultants subconsultant(s) in connection with this Agreement: (i) Consultant must use the DVBE Sub-Consultants subconsultants identified in its bid or proposal, unless the Judicial Council JBE approves in writing replacement by another DVBE Sub-Consultant subconsultant in accordance with the terms of this Agreement; and (ii) Consultant must within sixty (60) days of receiving final payment under this Agreement certify in a report complete and return to the Judicial CouncilJBE a post-contract certification form (xxxxx://xxx.xxxxxx.xx.xxx/documents/JBCM-Post-Contract-Certification-Form.docx), on a form supplied promptly upon completion of the awarded contract, and by or satisfactory no later than the date of submission of Consultant’s final invoice to the Judicial CouncilJBE. If the Consultant fails to do so, the followingJBE will withhold $10,000 from the final payment, or withhold the full payment if it is less than $10,000, until the Consultant submits a complete and accurate post-contract certification form. The JBE shall allow the Consultant to cure the deficiency after written notice of the Consultant’s failure to complete and submit an accurate post-contract certification form. Notwithstanding the foregoing and any other law, if after at least 15 calendar days, but no more than 30 calendar days, from the date of the written notice the Consultant refuses to comply with these certification requirements, the JBE shall permanently deduct $10,000 from the final payment, or the full payment if less than $10,000. The post-contract certification form shall include: (1) the total amount of money Consultant received under the Agreement, (2) the total amount of money and the percentage of work Consultant committed to provide to each DVBE subconsultant; (23) the name and address of each DVBE Sub-Consultant subconsultant to which Consultant subcontracted Work work in connection with the Agreement; (34) the amount of money each DVBE Sub-Consultant subconsultant actually received from Consultant in connection with the Agreement, and the corresponding percentage this payment comprises of the total amount of money Consultant received under the Agreement; and (45) that all payments under the Agreement have been made to the applicable DVBE Sub-Consultantssubconsultants. Upon request by the JBE, Consultant shall provide proof of payment for the work. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. Consultant will comply with all rules, regulations, ordinances and statutes that govern the DVBE program, including, without limitation, Military and Veterans Code Section 999.5. . The maximum amount the Judicial Council shall be obligated to pay to Consultant under any individual Service Work Order authorized under this Agreement for performing all Work, as well as payment for all Travel and Living Expense and/or any Reimbursable Expenses incurred, shall not at any time exceed the Total Amount specified on the face of the most recently authorized Service Work Order applicable. No verbal agreements will be honored. The maximum amount the Judicial Council shall be obligated to pay to Consultant under this Agreement (“Contract Amount”) shall not at any time exceed the total of all Total Amount(s) Encumbered to Date. The total amount that the Judicial Council may pay the Consultant under this Agreement shall not at any time exceed the total of the Service Work Order Sums of all Service Work Orders authorized for the performance through the current date.