Resolution 2009-03 - Laserfiche WebLink

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18. Contract Default: The Contractor shall provide a performance bond in the amount of $100,000 or equal to the cost of three month's service to the City, whichever is greater, to cover the City's costs in the event of a Contractor default. 19. Effective Date; Term; Commencement of Servicf;s: This Agreement shall be deemed effective on the date executed by the. Mayor and City Clerk on behalf of the City, after proper execution by the Contractor. This Agreement shall continue in effect for a period of five (5) years from the Commencement Date following the Notice to Proceed, unless terminated by either party as provided herein. Nor~vithstanding the effective date hereof, the Contractor shall not commence services under this Agreement until the City has issued a written Notice to Proceed, which notice shall be substantially in the form set forth in Exhibit "C" attached hereto and incorporated herein by reference. The Contractor shall commence services within 120 days after the date the City issues the Notice to Proceed, and the Contractor shall within :30 days after the date of the Notice to Proceed identify in writing to the City the specific date on which services shall commence, which specific date shall be the Commencement Date. If the Notice to Proceed is not issued by July 1, 2009, then this Agreement may be terminated by either party by giving 10 days written notice. 20. Non-Appropriation; Condition Precedent: The (:ity's financial obligation under this Agreement is from year to year only, and any financial obligation shall be subject to annual appropriation in the sole, and absolute discretion of the Louisville City Council. Nothing in this Agreement shall be deemed or construed as creating a multiple fiscal year obligation on the part of the City within the meaning of the Colorado Constitution, Article X, Section 20. Issuance of a Notice to Proceed under this Agreement is expressly contingent upon the adoption and final effectiveness of an ordinance establishing the City's residential refuse and single-stream recycling; collection services program and fees therefor. In the event such ordinance is not adopted, whether by the governing body or through any exercise of referendum, this Agreement may be terminated by either party by giving 10 days written notice and, in the event of such termination, no parry shall have any further obligation to the other party, except any obligations that are stated in this Agreement to survive termination of the Agreement. 21. Termination: This Agreement may be terminated by either party by giving 180 days written notice to the other party prior to the ;anniversary date of the Agreement. Additionally, and notwithstanding the provisions of this section, this Agreement may be terminated if, in the sole judgment of the City Manager, service by the Contractor pursuant to this Agreement is not :satisfactory. Prior to terminating this Agreement, the City Manager shall cause notice to be given to the Contractor specifying why service is considered by the City to be unsatisfactory. The Contractor shall have thirty (30) days to correct such deficiencies after which the City Manager shall again review the service being furnished under this Agreement. If the City Manager, in his sole discretion, still finds the service unsatisfactory, he may terminate .this Agreement by giving the Contractor thirty (30) days written notice. This Agreement shall automatically terminate at the end of the thirty (30) day period following such second notice to the Contractor. This Agreement is also subject to termination as provided in Sections 19 and 20. 7