Res 2008-108 - Laserfiche WebLink

Home Browse Search

• agreement of both parties. Refusal of either party to exercise this option to extend will cause this contract to expire. Either party may terminate this Agreement by giving a 120 calendar day advance written notice to the other party. In the event of termination as provided in this Article, the Officer will be compensated for all services performed to termination date which are deemed by the City and the Officer to be in accordance with this Agreement. This amount will be paid by the City upon the Officer's delivering to the City all information and materials developed or accumulated by the Officer in performing the services described in this Agreement, whether completed or in progress. The expense of reproduction of these items will be borne by the City. Article 5. Cost of Services. The City will reimburse the Officer for all expenses incurred for conducting each election, and in addition, the City will pay an administrative fee of 10% of the total cost of each election. Attached hereto and incorporated for all purposes as Attachment A is an itemized list of estimated expenses that will apply to both elections. In the event the services are provided for in a joint election, the cost will be prorated between the participating entities as stated in a separate joint election agreement. Within 20 days of the completion of an election, the Officer will submit a statement to the City listing all of the expenses and the administrative fee. The City will pay the total amount within 45 days of the election. Article 6. General Conditions. The following general conditions will apply: A. No Waiver: Nothing in this Agreement will waive, modify or amend any legal defenses available at law or in equity to the County, the City or the Officer, or to create any legal rights or claim on behalf of any third party. Neither the City nor the Officer, on her behalf or on behalf of the County, waives any defenses whatsoever, including, but not limited to, governmental or official immunity. B. Funding: The City and County acknowledge that funding under this Agreement will be made from current revenues available to the City. C. Entire Agreement: This Agreement contains the entire agreement between the parties and supersedes all prior understandings and agreements between the parties regarding such matters. This Agreement may not be modified or amended except by written agreement executed by both parties. Neither party may assign this Agreement without the written consent of the other party. However, the Officer may assign deputies to perform any of the contracted services and may contract with third persons for election services and supplies. 0