Res 2009-009 - Laserfiche WebLink

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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 1st of each calendar year to September 30th of the following calendar year. Section 4.5 Clean-up of Recycling Center Site upon Termination Upon any termination of this Contract that involves the Contractor ceasing operation of the recycling center site for the purposes contemplated by this Contract, the Contractor will clear the recycling center site completely of recyclable materials and solid waste, and will properly dispose of such materials and waste within 30 days of the date of termination. ARTICLE 5 MISCELLANEOUS PROVISIONS Section 5.1 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 5.2 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 5.3 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 Page 8