Res 2011-072 - Laserfiche WebLink

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apply for the first Renewal Term. The parties will negotiate an increase in fee, if any, 30 days prior to each annual renewal term. 7.4 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 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. The fiscal year for the City extends from October 1st of each calendar year to September 30th of the following calendar year. 7.5 If either the City or the Vendor does not comply with the terms of this Agreement, the other party may give written notice of such failure to perform. The non - complying party will be in compliance if, within ten (10) calendar days after receiving such notice, it either corrects its performance or commences a continuous good faith effort to correct its performance within a reasonable period of time. 7.6 Notwithstanding any other provision in this Agreement to the contrary, this Agreement may be terminated by the City for convenience and without cause upon at least ninety (90) calendar days prior written notice to the City. 7.7 In the event this Agreement is terminated, as provided for in this Article, by either the City or the Vendor after the City has made a payment for Services, the Vendor will refund to the City the pro -rated amounts for those Services not properly performed by the Vendor within thirty (30) calendar days from the date of termination. 7.8 In the event of termination, as provided in this Article, the Vendor will be compensated for Services properly performed by the Vendor based upon the City's approved ACIS form, including any and all direct costs incurred by the Vendor on the City's behalf as allowed under this Agreement and not paid for by the City prior to the termination date which are deemed by the City to be in accordance with this Agreement. This amount will be paid by the City upon the Vendor's delivering to the City the necessary invoices and all information and materials developed or accumulated by the Vendor in performing the Services described in this Agreement, whether completed or in progress. The expense of reproduction of these items, if applicable, will be borne by the City. ARTICLE 8 PATENTS, COPYRIGHTS, PROPRIETARY RIGHTS BONDING, INSURANCE AND INDEMNITY 9 Web Redesign and Content Management System