Res 1998-162 - Laserfiche WebLink

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Index for Urban Wage Earners and Clerical Workers (all items), as published by the United States Department of Labor, Bureau of Labor Statistics. This option, if exercised, is to be executed as an amendment to this Contract, to be issued no sooner than ninety days (90) prior to expiration of this Contract, nor later than the final day of the Contract period. This option to renew requires the mutual agreement of both parties. Refusal by either party to exercise this option to extend, will cause this Contract to expire on the original or mutually agreed upon date. The total period of this Contract, including all extensions as a result of exercising this option, will not exceed a maximum combined period of ten (10) years. 5.2 Failure by either party to the Contract in performing any of its provisions will constitute a breach of contract, in which case, either party may require corrective action within 10 days from date of receipt of written notice citing the exact nature of such breach. Failure to take corrective action or failure to provide a satisfactory written reply excusing such failure within the prescribed 10 days will constitute a default of contract. The defaulting party will be given a 20 day period within which to show cause why the Contract should not be terminated for default. City Council may take whatever action as its interest may appear, resulting from such notice. All notices for corrective action, breach, default, or show cause, will be issued by the City Manager only, and all replies will be made in writing to the City Manager at the address for the City shown on page 1 of this Contract. Notices issued by or to anyone other than the City Manager will be null and void, and will be considered as not having been issued or received. The defaulting party will be liable for liquidated damages, if any, as stipulated in subsection 1.4.26 of this Contract. The City reserves the right to enforce the performance of this Contract in any manner prescribed by law in the event of breach or default of the Contract, and may contract with another party with òr without solicitation of proposals or further notification to the Contractor, at a minimum, the Contractor will be required to pay any difference in the cost of securing the Services covered by this Contract, or compensate for any loss or damage to the City derived hereunder should it become necessary to contract with another source because of this default, plus reasonable administrative costs and attorneys' fees. In the event of termination for default, the City, its agents or representatives, will not be liable for loss of any profits anticipated to be made under this Contract. 5.3 The City reserves the right to terminate this Contract upon 30 days written notice for any reason deemed by it to serve the public interest, or resulting from any governmental law, ordinance, regulations, or court order. No termination for convenience will be taken with the intention of awarding the same or similar contract requirements to another source. In the event of such termination the City will pay the successful proponent those costs directly attributable to work done or supplies obtained in preparation for completion or compliance with this Contract prior to termination. Provided, however, that no costs will be paid which are recoverable in the normal course of doing business in which the Contractor is engaged, or costs which can be mitigated through the sale of supplies or inventories. In the event City pays for the cost of supplies or materials obtained for use under this Contract, said supplies or materials will become the property of City and will be delivered to the City as designated by the Purchasing Manager. The City will not be liable for loss of any profits anticipated to be made under this Contract. 11