Reso 2008-1309 - Laserfiche WebLink

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d. Code Supplementation and Codification Services (MuniCode). Municipal Code Corporation offers supplementation of existing Codes, Codification of Ordinances and Recodification of existing Codes. Our optional services include legal review, republishing, editorial and index work and electronic options (CD, Internet) . e. Utility BiIlina Services (MuniBilIs). MCCAdvantage offers billing, statement and remittance processing services as an additional benefit under this agreement. MCCAdvancage, a subsidiary of MCC, can provide the client with design, printing and mailing services for customer billing/statements of all types. These services also include remittance payment options, software and other billing solutions. Pricing information for any of the above services can be supplied upon request. 5.4. Payment and Billinl:. MCCI ",ill invoice fifty percent (50%) of the total contract amount for Year One upon receipt of the signed contract, 30% upon completion and sign off of the Mock Up phase and the remaining 20% balance for Year One will be invoiced upon completion of installation and training. The costs for Years Two and lbree will be invoiced at the beginning of each year. Payments will be due upon presentation of an invoice to the City. MCCI shall make no other charges to the City for supplies. labor, taxes, licenses, permits. overhead or any other expenses or costs unless any such expense or cost is incurred by MCCI with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with MCCI. The City's perfonnance and obligation to pay costs under this Agreement is contingent upon an annual appropriation for its purposes by the City Commission. 5.5. LIMITED LIABILITY. MCCI warrants that the software ",il1 perform as specified in this Agreement. MCCI also warrants that it possesses the necessary intellectual rights to license to license to the City the licensed software provided in this Agreement. For any claim relating to the non-conformancc or imperfection of any licensed software provided under this Agreement. MCCI shan correct the defect(s) within 20 (twenty) days following receipt of written notice from the City so that it conforms to the warranty set forth in this Agreement; or if MCCI is unable to correct the non-confonnity during this period, then the City may recover its actual or compensatory damages up to the total fees paid by City to MCCI. 5.6. Termination. Thc term of this Agreement shall be for three (3) years, with the City's option to rcncw for additional one year terms. Annual support may be adjusted for inflation but will not cxceed an increase of3% in any given year. 5.7. Arbitration. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or. if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation 5.8. Indemnification. MCCI agrees to indemnify, defend and save the City harmless from and against any and all judgments, suits, costs, and expenses resulting from any alleged infringement of any patent or copyright arising from the licensing of the software pursuant to this Agreement cP/ 8 c:' 12