Reso 2018-2847 - Laserfiche WebLink

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injury to impairment, or destruction of tangible property including loss of use resulting therefrom, to the extent caused by any negligent acts, errors, mistakes or oinissions related to professional services in the performance of this Agreement including any person for whose acts, errors, mistakes or omissions the Consultant may be legally liable. The parties agree that One Hundred Dollars ($100.00) represents specific consideration to the Consultant for the indemnification set forth in this Agreement. Notwithstanding anything to the contrary, under no circumstances will Consultant be liable for any special, indirect, incidental, or consequential damages, including but not limited to loss of use, loss of profits, loss of opportunity, etc. regardless of the underlying legal theory, whether in contract, tort, equity, strict liability or the like, and further that any liability of Consultant under this Agreement shall not exceed in the cumulative aggregate, the lesser of the fee hereunder or One Million Dollars ($1,000,000). 20. COMPLIANCE WITH LAW. Consultant shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. 21. CONFLICTING PROVISIONS. The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document, including but not limited to the Request for Qualifications No. 18-02-01 and Attachment "A". 22. PUBLIC RECORDS. The Contractor shall be required to comply with the following requirements under Florida's Public Records Law: (i.) Contractor shall keep and maintain public records required by the City to perform the service. (ii.) Upon request from the City, Contractor shall provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. (iii.) Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term'and following completion of the contract if the Contractor does not transfer the records to the City. (iv.) Contractor shall, upon completion of the contract, transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided by Contractor to the City, upon request from the City, in a format that is compatible with the information technology systems of the City. 7 114-6885 APTIM ENVIRONMENTAL & INFRASTRUCTURE, INC.