Reso 2017-2716 - Laserfiche WebLink

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the purposes of sct-off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination without Cause. The City may; for its convenience and without cause terminate the Work then remaining to be performed by Contractor at any time by giving Contractor seven (7) days written notice. The terms of Paragraph A(i) and A(ii) above shall be applicable hereunder. C. Termination for Insolvency, The City also reserves the right to terminate the remaining Work to be performed in the event the Contractor is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. ARTICLE 18. GOVERNING LAW, VENUE AND ATTORNEY'S FEES This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. Any suit or action brought by any party, concerning this Agreement, or arising out of this Agreement, shall be brought in Miami -Dade County, Florida. In the event it becomes necessary for either party to file a lawsuit to enforce any term or provision under this Agreement, the prevailing party shall be entitled to recover from the non -prevailing party its costs and reasonable attorney's fees at the pretrial, trial and appellate levels. ARTICLE 19. AUDIT RIGHTS 19.1 Contractor's records which shall include but not be limited to accounting records, payroll time sheets, cancelled payroll checks, W-Ts, 1099's, written policies and procedures, computer records, electronic records, disks and software, videos, photographs, subcontract files, originals estimates, estimating worksheets, correspondence, change order files (including documentation covering negotiated settlements), and any other supporting evidence necessary to substantiate charges related to, or Work performed under, this Agreement (all the foregoing hereinafter referred to as "records") shall be open to inspection and subject to audit and/or reproduction, during normal working hours; by the City to the extent necessary to adequately permit evaluation and verification of any invoices, payments or claims submitted by the Contractor or any of his payees pursuant to the execution of the Agreement. Such records subject to examination shall also include, but not be limited to, those records necessary to evaluate and verify direct and indirect costs (including overhead allocations) as they may apply to costs associated with this Agreement. 19.2 Records subject to the provisions of Public Record Law, Florida Statutes Chapter 119, shall be kept in accordance with such statute. Otherwise, for the purpose of such audits, inspections, examinations and evaluations, the City shall have access to said records from the effective date of this Agreement, for the duration of the Work, and until 5 years after the date of final payment by the City to Contractor pursuant to this Agreement. 19.3 The City's agent or its authorized representative shall have access to the Contractor's facilities, shall have access to all necessary records, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with this provision. The City 030.6179 - AMERICAN RAMP COMPANY Is