Reso 2014-2188 - Laserfiche WebLink

Home Browse Search

City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax 17. AVAILABILITY OF FUNDS. This Agreement is executor only to the extent of City funds approved and appropriated for this specific purpose by the City Commission. This Agreement 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 software system procured pursuant to this Agreement, during the initial term or any optional renewal term, the City may unilaterally terminate any and all contractual or other obligations herein without any further liability or penalty upon twenty (20) days notice to Contractor. Any obligation for payment under this 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 Contractor. 18. MISCELLANEOUS. A. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. D. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document, including any attachment hereto. E. This Agreement, together with the terms and conditions contained in City of Eustis, Florida, RFP 006 -12, as well as Exhibits "A" and "B ", copies of which are attached hereto, contain the entire agreement of the parties, and may be amended, waived, changed, modified, extended or rescinded only by in writing signed by the party against whom any such amendment, waiver, change, modification, extension and/or rescission is sought. F. If there is a conflict or inconsistency between any term, statement, requirement, or provision of any exhibit attached hereto, any document or events referred to herein, or any document incorporated into this Agreement, the term, statement, requirement, or provision contained in this Agreement shall prevail and be given superior effect and priority over any conflicting or inconsistent term, statement, requirement or provision contained in any other document or attachment, including but not limited to City of Eustis, Florida, RFP 006 -12, and Exhibits "A" and "B ", copies of which are attached hereto. C 1314 -023 - EDMUNDS & ASSOCIATES, INC. 8