2004-023 Ordinance - Laserfiche WebLink

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? City of North Olmsted, NY / xxx xxxx 15 1. AVAILABILITY OF FUNDS_ Please put some verbage in here that the funds for this project have been allocated The contract is executory only to the extent of funds approved and appropriated. This contract shall be subject annually to the availability and appropriation of funds. If the CITY should not appropriate or otherwise make available funds sufficient to purchase, lease, operate or maintain the computer system procured pursuant to the Project, or any portion of the Project during its implementation, the CITY may unilaterally terminate any and all contractual or other obligations without any further liability or penalty upon thirty (30) day's notice to VENDOR. Any obligation for payment under the Agreement shall be made solely from appropriated funds. The CITY shall have no legal or equitable obligation to approve any funds in the future and in the event of the CITY's decision not to approve and appropriate any additional funds the CITY shall have no further liability to the VENDOR. VENDOR recognizes that the Agreement is with the current CITY Council, and not the obligation of any other CITY official, employee, or any other political subdivision or entity. J. ASSIGNMENT; DELEGATION OF DUTIES; SUCCESSORS Neither party shall delegate or assign its duties under this Agreement without the written consent of the other party, and each party hereby binds itself to the successors and assigns of the other party in respect of all covenants of this Agreement. This contract will inure to the benefit of and shall be binding upon the parties hereto and their authorized successors and assigns. K. EXTENT OF AGREEMENT; AMENDMENT The Agreement, which includes the City's RFP, Vendor Proposal, Addenda, Contract and all Exhibits represents the entire and integrated agreement between the CITY and VENDOR and supersedes all prior negotiations and representations, either written or oral. Where any conflict arises between the CONTRACT and other documents forming part of the agreement the CONTRACT shall control. Where issues are not addressed in the CONTRACT and there is a conflict between or among other agreement documents the VENDOR PROPOSAL with amendments as included in this contract shall control. This agreement may only be amended by written instrument signed by both parties. L. SUBMISSION OF INVOICES All payments made pursuant to this Agreement shall be on the basis of duly verified invoices properly documented and submitted by VENDOR to CITY in the form agreed to by CITY and VENDOR, payable on an arrears basis by CITY within thirty (30) days of tlleir receipt in completed form to CITY by VENDOR. Prepared by Barry Strock Consulting Associates, Inc. O 2004 ??