Res 2003-076 - Laserfiche WebLink

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3.2.2 New accounts added after the first day of a month will be counted as llaviug received service for a full mouth. Accounts discontinued during a given month will be counted as not having received service for that month, as determined by the above described reports. 3.2.3 The Contractor may request iii writing that payments due or to become due to it be assigned to a bank or other finaucing institutiou, provided tbat prior written approval is obtained through the City Manager, and payment by the City is made only to one party. Any assignment not in conformance with this provision will be null and void as to the City. A fee of $100.00 per contract, per request, will be charged to the Contractor for administrative costs in processiug eacb assignment under this paragraph. Upon paymeut of such fee to the City, contract payments will be modified to reflect the changed payee name and address. ARTICLE 4 TERM OF CONTRACT Section 4.1 Contract Term This Contract will be effective July 1,2003, and will continue for a period of five years, uutil Jnne 30, 2008. Section 4.2 Breach/Default Failure by either party to this Contract to perform any of its provisions will constitute a breach of Contract, iu which case, either party may reqnire corrective action withill ten 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 tbe prescribed ten days will constitute a default of Contract. The defaulting party will be given a 20 day period within which to show cause why the Coutract should uot be terminated for default. City Council may take whatever action as its interest may appear, resulting fi'om such notice. The City reserves the right to enforce the performance of the Contract in any manner prescribed by law in the event of breach or default of the Coutract, aud may Contract with anotber party with or without solicitation of proposals or further notification to the Contractor. At a minimum, the Contractor wiII 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 sonree because of this default, plus reasonable administrative costs and attorney's fees. lu tile 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. Section 4.3 Termination By City The City reserves tile right to terminate this Contract upon 30 days written notice for any reason deemed by City Council to serve the public interest, or resulting from any governmental law, ordinance, regulations, or court order. No termination for couvenience will be takeu with the intention of awarding the same or a similar Contract to another source. In the event of such termination the City will pay the Contractor tbose costs directly attributable to work done or supplies obtained in preparation for completiou 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 busiuess in which the Contractor is eugaged, 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 uuder this Contract, these supplies or materials will become the property of City and will be delivered to the City at the place designated by the Director. The City will not be liable for loss of any profits anticipated to be made under this Contract. Page 6