Res 2009-109 - Laserfiche WebLink

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Engineer. 7.2 The Engineer will retain all of its records and supporting documentation relating to this Agreement, and not delivered to the City, for a period of three years except in the event that the Engineer goes out of business during that period, it will turn over, to the City, all of its records relating to the Project for retention by the City. ARTICLE 8 TERM; TERMINATION OF AGREEMENT 8.1 The initial term of this Agreement will begin on the effective date established in the first paragraph of the Agreement and will continue for a period of three years until September 1, 2012. This Agreement may be renewed for two additional one year terms, upon approval by the City provided all terms and conditions, except for the contract period being extended or any City approved increase in the Engineer's hourly rates or total not-to-exceed fee, remain unchanged and in full force and effect unless this Agreement is terminated in accordance with Sections 8.2, 8.3 or 8.4 below. If this renewal option is exercised it will be executed in the form of an Authorization in Change of Services ("Attachment B") no sooner than 120 calendar days prior to the expiration of the Agreement, and not later than the final day of the initial Agreement period. The City will notify the Engineer of its refusal to renew this Agreement no later than 30 calendar days prior to the renewal date. The City's refusal to renew will cause the Agreement to expire on the original or mutually agreed date. The total period of this contract, including all renewals as a result of exercising this option may not exceed a maximum combined period of five (5) years. If this Agreement is not renewed or is terminated for any reason and there is work in process associated with a Work Authorization, then the terms and conditions of this Agreement and the corresponding Work Authorization will remain in effect until such time that the work is completed and the Engineer is paid in full. 8.2 Funds for the payment of this Agreement 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 items or services covered by this Agreement 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 a part of future budgets to be approved during the period of this Agreement except for unanticipated needs or events which may prevent such payments against this Agreement. However, the City cannot guarantee the availability of funds, and enters into this Agreement only to the extent such funds are made available. In the event funds are not made available in a future budget, the City may terminate this Agreement. The fiscal year for the City extends from October 1 st of each calendar year to September 30th of the following calendar year. 8.3 This Agreement may be terminated by either party upon 15 calendar days prior written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. M&S Agreement 2009 14