10-2176 Agreement with Pinnacle Data Systems for Utility Bill Printing/Mailing Services

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Contract Number - MSA20100907LEC which it deems to be available to pay its obligations under Contract. The City may terminate an Agreement, with no further liability to CONTRACTOR, effective the first day of a fiscal period provided that: l.l. a non -appropriation has occurred, and 1.2. The City has provided the vendor with written notice of termination not less than fifteen (15) days before the proposed termination date. 1.3. Upon the occurrence of such non -appropriation the City shall not be obligated for payment for any fiscal period for which funds have not been appropriated. SECTION 35. Inspection and Acceptance Of Materials Or Services Under Awarded Contracts. The services and/or material(s) provided under a contract shall remain the property of the seller until a physical inspection and actual usage of this material and/or services is made and thereafter accepted to the satisfaction of the City. Materials and/or services must comply with all the terms herein. In the event the material and/or service supplied to the City is found to be defective or does not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller. Materials shall be returned to the seller at the seller's expense. The City may take up to 15 days to complete their inspection of materials or services. The inspection period will be used to determine if the item meets the required specifications and is fit for its intended use. Payment will be authorized upon final acceptance. SECTION 36. Copeland "Anti -Kickback" Act. The Contractor must comply with the Copeland "Anti - Kickback" Act, 18 USC 874 as supplemented in Department of Labor regulations, 29 CFR Part 3, prohibiting employers from inducing any person employed to give up any part of the compensation to which he or she is otherwise entitled. SECTION 37. NOTICES. Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered or certified United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified. The place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. For the present, the parties designated the following as the respective places for giving of notice, to -wit: For CITY City Hall Purchasing Division 95 Triplet Lake Drive Casselberry, Florida 32707 (407) 262-7700 ext. 1142 FOR CONTRACTOR: Mitch Anderson Vice President of Business Development 350 Automation Way Birmingham, AL 35210 (205)370-5637