Res 1997-124 - Laserfiche WebLink

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I I proposals or further notification to BFI. At a minimum, BFI will be required to pay any difference in the cost of securing the services covered by this Contract, or compensate for any loss or damage to the City derived hereunder should it become necessary to Contract with another source because of this default, plus reasonable administrative costs and attorney's fees. In the event of termination for default, the City, its agents or representatives, will not be liable for loss of any profits anticipated to be made under this Contract. 5.3 The City reserves the right to terminate this Contract upon 30 days written notice for any reason deemed by City Council to serve the public interest, or resulting from any governmental law, ordinance, regulations, or court order. No termination for convenience will be taken with the intention of awarding the same or a similar Contract to another source. In the event of such termination the City will pay BFI those costs directly attributable to work done or supplies obtained in preparation for completion or compliance with this Contract prior to termination. Provided, however, that no costs will be paid which are recoverable in the normal course of doing business in which BFI is engaged, or costs which can be mitigated through the sale of supplies or inventories. In the event City pays for the cost of supplies or materials obtained for use under this Contract, these supplies or materials will become the property of City and will be delivered to the FOB point shown in the Contract, or as designated by the Purchasing Manager. The City will not be liable for loss of any profits anticipated to be made under this Contract. 5.4 Funds for payment for services have been provided through the City budget approved by City Council for the current fiscal year only. State statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. However, the cost of services covered by this Contract is considered a recurring requirement and is included as a standard and routine expense of the City to be included in each proposed budget within the foreseeable future. City Council expects this to be an integral part of future budgets to be approved during the period of the Contract except for unanticipated needs or events which may prevent such payments against the Contract. However, the City cannot guarantee the availability of funds, and enters into the Contract only to the extent such funds are made available. The fiscal year for the City extends from October 1 st of each calendar year to September 30th of the following calendar year. ARTICLE 6 MISCELLANEOUS PROVISIONS 6.1 This Contract is governed by the laws of the State of Texas. Exclusive venue for any dispute arising under this Contract is in Hays County, Texas. 6.2 As to all acts or failures to act by either party to this Contract, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued when the party commencing the cause of action knew or should have known of the existence of the subject act(s) or failure(s) to act. 6.3 The City may terminate this contract if the City's Ethics Review Commission finds, 17