Res 2011-094 - Laserfiche WebLink

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7.2 Funds for the payment for work performed by the Contractor under this Agreement have been provided through the City's 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. The City cannot guarantee the availability of funds, and enters into this Agreement only to the extent such funds are made available. The Contractor acknowledges and agrees that it will have no recourse against the City for its failure to appropriate funds for the purposes of this Agreement in any fiscal year other than the year in which this Agreement was executed. The fiscal year for the City extends from October 1 st of each calendar year to September 30th of the following calendar year. 7.3 The City may elect, in writing, to replace all of a service type with Comparable Services (a "Technology Migration ") at (a) Contractor's published rates, whether by Tariff or otherwise, for the Comparable Services, or (b) such other rates as may be mutually agreed upon between the parties. "Comparable Service(s)" means any service of a "higher level ", as compared to the existing service, that is functionally equivalent or superior to the existing service(s) and that is offered by Contractor at any time during the term of this Agreement or any extension period. For purposes of this section, "higher level" means improvements, upgrades or changes to telecommunications or information transmission technology producing higher functionality or increased capacity, where such improvements are determined according to recognized industry standards. Upon the City's election of this option, the parties will add the comparable services in accordance with Section 1.2 of this Agreement, and the City's commitments under the Agreement may be adjusted as may be relevant under the circumstances, by the City's commitment to maintain an identical pro -rata portion of the comparable services until the end of the term of the Agreement. 7.4 This Agreement may be terminated by either party upon 15 calendar days prior written notice should the other parry fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. The Contractor will provide the City with at least a 30 day opportunity to cure before the Contractor initiates termination. 7.5 The City may terminate this Agreement for convenience and without cause upon at least 30 calendar days prior written notice to the Contractor. No early termination penalties or liabilities may be imposed or assessed against the City for early termination except as may be mandated by applicable law, rule, tariff, regulation or order. 7.6 In the event of termination as provided in this Article, the City will compensate the Contractor for all services performed to termination date, which are deemed by the City to be in accordance with this Agreement. The City will pay this amount upon the Contractor's delivering to the City all information and materials developed or accumulated by the Contractor 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. Telecommunications Services Agreement 2011 14