Res 2012-062 - Laserfiche WebLink

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7.1 The term of this Agreement begins on the effective date established in the first paragraph of the Agreement and includes the period of installation, testing and final acceptance of the System as well as a five year extended warranty period. Such final acceptance will be documented in writing by the City based on the acceptance process established in subsection 1.1.15 and this acceptance will fix the date for the commencement of the extended warranty period. 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 This Agreement may be terminated by either party upon 15 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. The Contractor will provide the City with at least a 30 day opportunity to cure before the Contractor initiates termination. 7.4 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. 7.5 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. ARTICLE 8 WARRANTIES The Contractor expressly warrants and represents: 8.1 GENERAL WARRANTIES Outdoor Siren Warning System Agreement 6/2012 15