Res 2013-090/Approving a service agreement between Cash Cycle Solutions, Inc. for the Utility Billing and Notice Services

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8.13 The Contractor understands that funds for the payment for work performed by the Contractor under the 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 the 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 the Agreement in any Fiscal year other than the year in which the Agreement was executed. The fiscal year for the City extends from October 1st of each calendar year to September 30th of the following calendar year. 8.14 The captions or headings included in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions, articles, paragraphs or sections of this Agreement. 8.15 In the event that the performance by either the City or the Contractor of any of its obligations under this Agreement is interrupted or delayed by events outside of their control such as acts of God, war, riot or civil commotion, then the party is excused from such performance for the period of time reasonably necessary to remedy the effects of such events. 8.16 If applicable, the Contractor will pay all license fees, royalties and other costs incident to the use of any invention, design, process, product or device subject to a patent right or copyright held by others in performing the work or in the completed Project. 8.17 It is expressly agreed that the Contractor is an independent contractor and not an employee, agent partner or joint venturer with the City. The Contractor will not pledge or attempt to pledge the credit of the City. 8.18 It is the City's intent to be proactive with regard to the environment. The City encourages "value purchasing" of environmentally friendly products. The Contractor is encouraged to utilize green solutions in performing any services under the Agreement, as appropriate. ARTICLE 9 SUCCESSORS AND ASSIGNS 9.1 The City and the Contractor, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The City and the Contractor will not assign, sublet or transfer any interest in this Agreement without the prior written consent of the other. 9.2 The Consultant will notify the City, in writing, of any change in its partnership /ownership within 30 calendar days of such change. (A. S, hic. 1013 13