Res 2003-076 - Laserfiche WebLink

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Section 4.4 Funding Availability Funds for payment for tile services described in this Contract have been provided through the City budget approved by City Council for tbe current fiscal year only. State statutes prohibit the obligation and expenditure of public fimds 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 tontine expense of the City to be included iu each proposed budget within the foreseeable fi~ture. The City expects this to be au integral part of fi~ttlre budgets to be approved during the period of the Contract. However, the City caanot guarantee the availability of fuods, and enters into the Contract only to the extent such funds are made available. If funding for continuation of the Contractor's services is not available, the City may terminate this Contract by providing 30 days notice the Coutractor. The fiscal year for the City extends fi'om October I st of each calendar year to September 30th of the following calendar year. Section 4.5 Clean-up of Recycling Ceuter Site upon Termination Upon any termination of this Contract that involves the Contractor ceasing operatiou of the recycling center site for the purposes contemplated by this Contract, the Contractor will clear the recycling ceuter site completely of recyclable inaterials and solid waste, and will properly dispose of such materials and waste within 30 days of the date ofterminatiou. The performance bond required uader Section 6.3 will specifically inclnde and cover this obligation of the Contractor. ARTICLE 5 MISCELLANEOUS PROVISIONS Sectiou 5.1 Governing Law and Venue This Contract is governed by the laws of the State of Texas. Exclusive venue for any dispute arising uuder this Contract is in Hays County, Texas. Section 5.2 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 aoy alleged cause of action will be deemed to have accrued wben the party commenciug the cause of action knew or should have known of the existence of the subject act(s) or failure(s) to act. Section 5.3 Gratuities The City may termiuate tbis contract if the City finds that gratuities (in the form of entertainment, 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 Coatract. In the event this Contract is termiuated under this section, the City may collect, iu addition to any other damages or remedies to which it may be eutitled by law, exemplary damages in an amount not less tbau three nor more than ten times the value of the gratuity offered or given to any city officer or employee. Page 7