Res 2003-067 - Laserfiche WebLink

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Section 5.4 Funding Availability Funds for payment for tile services described ill this Contract have beea provided throogh tile 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 Contract is considered a recurring requirement and is included as a standard and routine expense of the City to be incIuded in each proposed budget witbin the foreseeable £uture. The City expects this to be an integral part of future budgets to be approved during the period of the Contract. However, the City cannot guarantee the availability of fnnds, and eaters into the Contract only to the extent such funds are made available. If funding roi' continuation of tile Contractor's services is uot available, the City may terminate this Contract by providing 30 days notice the Contractor. The fiscal year for the City extends fi'om October I st of each calendar year to September 30th of the following calendar year. ARTICLE 6 MISCELLANEOUS PROVISIONS Section 6.1 Governing Law and Venue This Contract is governed by the laws of the State of Texas. Exclusive veaue for ally dispute arisiug under this Contract is ia Hays County, Texas. Section 6.2 Limitations As to all acts or failures to act by either party to this Contract, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued when the party COlnmencing the cause of action knew or should have kuown of the existence of the snbject act(s) or failnre(s) to act. Section 6.3 Gratuities The City may terminate this contract if the City finds that gratuities (in the form of entertaimnent, gifts or otherwise) were offered or given by the Contractor or any agent or representative of the Contractor, to any officer or employee of the City to secure favorable treatment with respect to the awarding, amending, or making of any determination with respect to the performance of this Contract. In the event this Contract is terminated under this sectioo, the City may colIect, in addition to ally other damages or remedies to which it may be eotitled by law, exemplary damages in ail amount not less than three nor more thao ten times the value of the gratuity offered or given to any city officer or employee. Section 6.4 Nondiscrimination la perforlning tile services required onder this Contract, the Contractor will not discriminate against any person oo the basis of race, color, religion, sex, uatiooal origin, age or disability. The Coatractor will comply with all laws and regulations prohibiting discriminating against employees or prospective employees because of age, religiou, race, color, sex, disability, or national origin. The Coatractor will submit reports at the City's request to assure compliance. Section 6.5 Construction All references in this Coutract to any particular gender are for convenience only aod will be constrned and interpreted to be of the neuter gender. The term "will" is mandatory in this Contract. 16