Reso 2016-2525 - Laserfiche WebLink

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15.4 If an audit inspection or examination in accordance with this Article discloses overcharges in excess of 1% except negotiated fees by the Contractor to the City, the actual cost of the City's audit shall be paid by the Contractor. If the audit discloses contract billing or charges to which Contractor is not contractually entitled, Contractor shall pay over to the City said sum within 20 days of receipt of a written demand unless otherwise agreed to by both parties in writing. ARTICLE 16. AVAILABILIY OF FUNDING The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. In the event that sufficient budgeted funds are not available for a new fiscal year period, the City shall notify the Contractor by giving Ten (10) days written notice of such occurrence and the Contractor shall terminate all Work upon this effective date of termination. In such an event, the Contractor shall have no claim against the City except for the value of the Work performed up to the effective date of termination. ARTICLE 17. RISK OF LOSS The risk of loss or destruction to the Project, or any portion and/or element thereof, regardless of the cause of the casualty, shall be borne solely by the Contractor until all goods and materials to be used in the Work are incorporated into the Project for its intended purpose and use and final inspection, acceptance and payment for the Project has been made by the City. Title to the goods shall pass to the City upon delivery and final acceptance of the entire Project by the City, notwithstanding the fact that periodic payments may have been made during the Agreement. ARTICLE 18. FORCE MAJEURE Should any party fail to perform its obligations under this Agreement due to a condition of force majeure, as that term is interpreted under Florida law, and specifically including but not limited to Acts of God, Hurricanes, Tropical Storms, fire, flood, earthquakes and the unavailability of materials, equipment or labor resulting from said events, then the time for performance of said obligation hereunder will be extended by a period reasonably commensurate with the cause of such failure to perform or cure. If the Contractor is delayed in performing any obligation under this Agreement due to a force majeure condition, the Contractor shall request a time extension from the City within three (3) working days of said force majeure occurrence. Any time extension shall be subject to mutual agreement and shall not be cause for any claim by the Contractor for extra compensation unless additional services are required and approved in writing by the City. Events of Force Majeure do not include acts/omissions of Sub- Contractors. ARTICLE 19. COMPLIANCE WITH LAWS The Contractor, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this Agreement. Ignorance on the part of the Contractor will in no way relieve their responsibility of compliance therewith. ARTICLE 20. NON-DISCRIMINATION. The Contractor agrees to comply with all local and state civil rights ordinances and with Title VI 9