Res 2012-017 - Laserfiche WebLink

Home Browse Search

Art. 4. Effective Date and Term of Contract 4.1. This contract takes effect on the date it is signed on behalf of CAPCOG and it ends, unless sooner terminated under Art. 6 or 7 below, or on October 31, 2012, whichever comes first. Art. 5. Nondiscrimination and Equal Opportunity 5.1. CAPCOG and the City shall not exclude anyone from participating under this contract, deny anyone benefits under this contract, or otherwise unlawfully discriminate against anyone in carrying out this contract because of race, color, religion, national origin, sex, age, disability, handicap, or veteran status. Art. 6. Termination of Contract for Unavailability of Funds 6.1. The City acknowledges that CAPCOG is a governmental entity without taxing power and agrees that CAPCOG may terminate this contract in whole or part if CAPCOG learns that funds to pay for the goods or services will not be available at the time of delivery or performance. 6.2 The City and CAPCOG acknowledge that funding under this Agreement will be made from current revenues available to each party 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. Neither party can guarantee the availability of funds, and each enters into this Agreement only to the extent such funds are made available. Neither party will have recourse against the other 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 1st of each calendar year to September 30th of the following calendar year. 6.3. Either party may terminate this contract for unavailability of funds by giving the other notice of the termination, as soon as it learns of the funding unavailability, and by specifying the termination date, which may not be less than 15 calendar days from the notice date. The contract terminates on the specified termination date. Art. 7. Termination for Breach of Contract 7.1. If the City or CAPCOG breaches a material provision of this contract, the other may notify the breaching party describing the breach and demanding corrective action. The breaching party has five business days from its receipt of the notice to correct the breach, or to begin and continue with reasonable diligence and in good faith to correct the breach. If the breach cannot be corrected within a reasonable time, despite the breaching party's reasonable diligence and good faith effort to do so, the parties may agree to terminate the contract or either party may invoke the dispute resolution process of Art. 8. AIR QUALITY PROGRAM 2012 INTERLOCAL CONTRACT Page 2 of 5