Agmt18 Host Compliance LLC - Laserfiche WebLink

Browse Search

Agreement for Professional and Software Services Host Compliance LLC 6.1 Termination. Either the City Manager or the Consultant may terminate this Agreement, without cause, by giving the other party thirty (30) days written notice of such termination and the effective date thereof. 6.1.1 In the event of such termination, all finished or unfinished documents, reports, photographs, films, charts, data, studies, surveys, drawings, models, maps, or other documentation prepared by or in the possession of the Consultant under this Agreement shall be returned to the City. If the City terminates this Agreement without cause, the Consultant shall prepare and shall be entitled to receive compensation pursuant to a close-out bill for services rendered and fees incurred pursuant to this Agreement through the notice of termination. If the Consultant terminates this Agreement without cause, the Consultant shall be paid only for those services completed in a manner satisfactory to the City. (a) Trial Period. If the Agreement is terminated by the City during the first year after the effective date before the software is used by the City to issue enforcement letters to properties in the City which are violating the City's short term rental regulations, or that have not paid the transient occupancy tax due, the City shall be entitled to a refund of all fees paid to Consultant under this Agreement. After such letters are issued, if the City terminates the Agreement it shall not be entitled to a pro -rata refund of the $29,929.60.. If the Agreement is terminated by Consultant during this period the City shall be entitled to a pro -rata refund of the $$29,929.60. (b) Termination after the first year of Agreement. As the City will prepay Consultant for subsequent 12 month periods, in the event of termination after the first year of this Agreement Consultant shall promptly (within 10 days of the effective date of termination) refund to the City, on a pro rata basis, the remainder of the payment for the 12 month period, i.e. if the Agreement is terminated 2 months into a 12 month period, Consultant shall refund to the City 516 ($24,941) of the amount paid for the period ($29,929.60). 6.1.2 If the Consultant or the City fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Consultant or the City violate any of the covenants, agreements, or stipulations of this Agreement, the Consultant or the City shall have the right to terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date of such termination. The Consultant shall be entitled to receive compensation in accordance with the terms of this Agreement for any work satisfactorily completed hereunder. Notwithstanding the foregoing, the Consultants shall not be relieved of liability for damage sustained by virtue of any breach of this Agreement and any payments due under this Agreement may be withheld to off -set anticipated damages. 6.1.3 In the event of termination, Consultant shall implement an orderly return of City data in a database format such as SQLServer, MS Access database, or another mutually agreeable format at a time agreed to by the parties and provide for the subsequent secure disposal of City data in a manner approved by the City. Data shall be permanently deleted and shall not be recoverable, according to National Institute of Standards and Technology (NIST) -approved methods. Certificates of destruction shall be provided to the City. REV: 10-03-18 PR Page 3 of 13 ATTY/AGR.2018.240/Host Compliance