Res 2012-040 - Laserfiche WebLink

Home Browse Search

6.2 The Veterinarian will retain all of its records and supporting documentation relating to this Agreement, and not delivered to the City, for a period of three years except in the event that the Veterinarian goes out of business during that period, it will turn over, to the City, all of its records relating to the Project for retention by the City. ARTICLE 7 TERM; TERMINATION OF AGREEMENT 7.1 The term of this Agreement begins on the effective date established in the first paragraph of the Agreement and will continue for an initial one year period. The Agreement will automatically extend for four (4) additional one (1) year periods, provided all terms and conditions remain in full force and effect except for the contract period being extended unless this Agreement is terminated under Sections 7.2 or 7.3 below. 7.2 This Agreement may be terminated by the City upon fifteen (15) calendar days' prior written notice and by the Veterinarian upon thirty (30) calendar days prior written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 7.3 The City may terminate this Agreement for convenience and without cause upon at least 15 calendar days prior written notice to the Veterinarian. 7.4 In the event of termination as provided in this Article, the Veterinarian will discontinue any and all services under the Agreement as directed by the City. The City will compensate the Veterinarian 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 Veterinarian's delivering to the City all information and materials developed or accumulated by the Veterinarian 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. 7.5 As applicable to this Agreement, the Veterinarian understands that funds for the payment for work performed by the Veterinarian 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 Veterinarian 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 1st of each calendar year to September 30th of the following calendar year. 7