Res 2010-076 - Laserfiche WebLink

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DIR Contract No. DIR -SIM- 098 -COSM SECTION IV. TERM OF CONTRACT 4.01. TERM. This Contract shall be effective as of the date of the last party to sign and will expire on August 31, 2011, unless otherwise sooner terminated as provided herein. The parties agree that this Contract may be extended for one (1) one year term thereafter by mutual agreement of the parties by execution of a written amendment. 4.02. DISPUTE RESOLUTION. The parties agree to use good -faith efforts to decide all questions, difficulties, or disputes of any nature that may arise under this Contract; provided however, nothing in this paragraph shall preclude either party from pursuing any remedies as may be available under Texas law. 4.03. EARLY TERMINATION. Either party may terminate this Contract for convenience, in whole or in part, at any time by providing written notice to the other party thirty (30) days in advance of termination. Upon notice, DIR shall (a) immediately discontinue all services affected (unless the notice directs otherwise); and (b) deliver to Customer all reports and other information exchanged, generated, or accumulated in performing this Contract, whether completed or in process. 4.04. AMENDMENT. This Contract may be amended only in writing by an instrument signed by an authorized representative of Customer and DIR. SECTION V. GENERAL 5.01. TEXAS PUBLIC INFORMATION ACT. It shall be the responsibility of each party to comply with the provisions of Chapter 552, Texas Government Code, (Texas Public Information Act) and the Attorney General Opinions issued under that statute. Neither party is authorized to receive requests or take any other action under the Texas Public Information Act on behalf of the other party. DIR contractors are not authorized to receive or respond to open records requests or take any other action under the Texas Public information Act on behalf of Customer. Responses to requests for confidential information shall be handled in accordance with the provisions of the Texas Public Information Act. Within three (3) days of receipt, DIR will refer to Customer any open records requests received by DIR for information DIR has access as a result of or in the course of performance of this Contract. The provisions of this paragraph survive the termination or expiration of this Contract. 5.02. RECORDS; RIGHT TO AUDIT. DIR will maintain and retain supporting fiscal documents adequate to ensure that claims for contract funds are in accordance with applicable state of Texas requirements. These supporting fiscal documents will be maintained and retained by DIR for a period of four (4) years from the later of. (a) termination of this Contract, (b) submission of the final invoices, or (c) until resolution of all billing questions. DIR shall, during the periods set out immediately above, provide full access to all such records by Customer, State Auditor's Office, the State of Texas, independent auditors, or other authorized persons. 5.03. NO DEBT. This Contract shall not be construed as creating any debt on behalf of the State of Texas and /or Customer and /or DIR in violation of Ti.x. CONS'r. art. 111, § 49. Customer represents and warrants that funds necessary to fulfill its obligations hereunder are available to it during the current fiscal period. If funds are not appropriated by the proper authority, Customer shall provide DIR with at least thirty (30) days notice of the act of non - appropriation and the contract shall be terminated as of the end of the then effective Customer fiscal period. In the event of termination or cancellation for non - appropriation, Customer will not be liable to DIR for any damages, which are caused or associated with such termination or cancellation. Page 2 of 4