3.9. SR 04-18-2005 - Laserfiche WebLink

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The parties shall be liable for any orders placed by them in accordance with this agreement, but shall not be liable for any other sums. 3. ORDERS. DELIVERY. AND PAYMENT After the award is made for the estimated quantities of items, designed pursuant to this Joint Powers agreement, each of the parties hereto agrees to order from the successful bidder such quantities as shall be consistent with its needs. Each party agrees to make arrangements with the successful bidder for ordering, delivery, shipment, and payment with respect to the items it wishes to order. All disbursements of public funds by any of the parties in payment for such items shall be made in accordance with all laws of the State of Minnesota and of the party making such disbursement. All Parties must provide for the strict accountability of all funds employed hereunder, in accordance with the rules and regulations such party ordinarily applies with respect to such funds. 4. LIABILITY OF THE CITY OF ROGERS The City of Rogers shall endeavor in good faith to maintain a high degree of efficiency with respect to any services provided hereunder; however, the sole and exclusive remedy for any breach of this agreement by the City Administrator and the City of Rogers' liability of any kind whatsoever, including but not limited to liability for late, negligent or nonperformance or for any respect regarding its herein obligations, shall be limited to correcting diligently any such deficiency as is reasonably possible under the pertinent circumstances. Furthermore, the City of Rogers does not warrant product quality or service. If lower prices are offered to Political Subdivisions by a vendor on subsequent annual contracts or price agreements, that same pricing structure must be extended to the City of Rogers on existing comparable contracts which the vendor may have in effect with the state of the time. Failure to comply may result in cancellation of the State. Additional surety bond(s} in the amount of no less than 5% of the amount of the price quoted for this unit shall be required at the discretion of any other governmental unit entering into this agreement for equipment ordered. Said bond(s} shall be delivered within 10 calendar days of placement of order. It is the City of Rogers intent that the duration of the Cooperative Purchasing or Joint Powers provisions of this Contract be from the initial purchase order date to a period of ~6 months. Agreements entered into under this law must be by an action, normally a resQlution, or the governing body of the city soliciting the bid or quotation, and the governing body of the city wishing to make the purchase under the bid or quotation. A copy of a resolution is supplied for an example.