Res 2008-155 - Laserfiche WebLink

Home Browse Search

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 the Contractor 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 the Contractor 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 City at the place designated by the Director. The City will not be liable for loss of any profits anticipated to be made under this Contract. Section 5.4 Funding Availability Funds for payment for the services described in this Contract 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. The City expects this to be an integral part of future budgets to be approved during the period of 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. If funding for continuation of the Contractor's services is not available, the City may terminate this Contract by providing 30 days notice the Contractor. 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 Section 6.1 Governing Law and Venue 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. Section 6.2 Limitations 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. Section 6.3 Gratuities The City may terminate this contract if the City finds that gratuities (in the form of entertainment, gifts or otherwise) were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the City to secure favorable treatment with respect to the awarding, amending, or making of any determination with respect to the performance of this Contract. In the event this Contract is terminated under this section, the City may collect, in addition to any other damages or remedies to which it may be entitled by law, exemplary damages in an amount not less than three nor more than ten times the value of the gratuity offered or given to any city officer or employee. Section 6.4 Nondiscrimination 19