Reso 2021-3160 - Laserfiche WebLink

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customer for the same or substantially similar services. The said rates and costs shall be adjusted to exclude any significant sums should the City determine that the rates and costs were increased due to inaccurate, incomplete, or noncurrent wage rates or due to inaccurate presentation of fees paid to outside contractors. The City shall exercise its rights under this clause within three (3) years following final payment. SECTION 21 GOVERNING LAW/JURISDICTION/VENUE 21.1 This Agreement shall be governed by the laws of the State of Florida. Except as set forth in Sections 14, 5.2, and 30, should the parties be involved in legal action arising under, or connected to, this Agreement, each party will be responsible for their own attorneys' fees and costs. The venue for any litigation between the parties will be Miami -Dade County, Florida. Both parties hereby agree to waive a jury trial in any action between them, and will proceed to a trial by judge if necessary. SECTION 22 HEADINGS 22.1 Headings are for convenience of reference only and shall not be considered in any interpretation of this Agreement. SECTION 23 EXHIBITS 23.1 Each Exhibit referred to in this Agreement forms an essential part of this Agreement. The Exhibits if not physically attached, should be treated as part of this Agreement, and are incorporated by reference. SECTION 24 COUNTERPARTS 24.1 This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. SECTION 25 WORDS AND PHRASES 25.1 Where the words "required," "approved," "approval," "satisfactory," "determined," "acceptable," or words of like import are used in this Agreement, action by the City is indicated unless the context clearly indicates otherwise, and all work shall be in accordance therewith. Such action, or failure to act, shall not relieve the Consultant of its contractual responsibilities for performance of this Agreement. Wherever it is provided in the Agreement that the Consultant shall perform certain work "at its own expense," or "without charge," or that certain work will not be paid for separately, such words mean that the Consultant shall not be entitled to any additional compensation from the City for such work. SECTION 26 NOTICE OF COMMENCEMENT/NOTICE TO PROCEED 26.1 Consultant shall not commence work until: 1) all insurance to be furnished hereunder has been approved by the City; and 2) Consultant has received a City Purchase Order and Authorized City Representative's Initials: Authorized Consultant Representative's Initials: 12