CC WS PACKET 03082022 - Laserfiche WebLink

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Page 26 The City may invoice the Contractor for the full amount of any damages. The remedy available to the City shall be in addition to all other remedies that the City may have under law or at equity. Exceptions: Contractor shall not be deemed to be liable for liquidated damages where its inability to perform Collection service is the result of conditions beyond the control of Contractor, including but not limited to civil disorder, acts of God, inclement weather severe enough that trucks cannot safely take Collections. 15.EMERGENCY AND DISASTER SERVICES The City may request, and Contractor shall agree, to additional Collections, as reasonably necessary, during a declared emergency or disaster in the City. The cost of this service will be mutually negotiated between the Contractor and the City. The Contractor shall provide the City with a digital copy of the Contractor’s business continuity plan when there is a declared emergency or disaster affecting St. Anthony. 16.TERMINATION OF CONTRACT 16.1.City May Terminate The City reserves the right to terminate this Contract on 30 days written notice to Contractor for the failure of Contractor to carry out and perform its Contract obligations to the satisfaction of the City, as determined solely by the City. This Contract shall terminate, and neither party nor the officers of the City shall be liable for further performance after the termination if it shall become invalid by reason of any present or future law other than an ordinance of the City. Upon termination, the City may retain another Contractor or assign City employees and equipment to perform the services to be provided by the Contractor. 16.2.City's Rights Upon the Contractor's Failure to Perform In addition to the right of the City to terminate this Contract, upon failure of Contractor to fulfill any of the provisions of the Contract, the City may hire such persons, or assign City employees and equipment, as may be necessary, to do such work and the cost and expense thereof may be charged and deducted from amounts of money due Contractor, collected from Contractor as damages, or Collection by recourse from Contractor's letter of credit or escrow account required by Section 22 of this Contract. 16.3.City's Claim for Damages Failure by the Contractor to conform to the provisions of the Collection service Contract may also result in cash claims by the City for any damages to the City as a result of Contractor's failure to conform. The City shall inform Contractor of such failures in writing. The Contractor shall have seven days from the date of notice to correct such failures before liquidated damage may be invoked.