Res 1998-127 - Laserfiche WebLink

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CAPCO payment for the Project. In addition, those records which relate to any dispute, litigation, or the settlement of claims arising out of such performance, or costs or items to which an audit exception has been taken shall be maintained and made available until completion of such action and resolution of all issues which arise from it, or until the end of the regular three-year period, whichever is later. 4,5 Access to records is not limited to the required retention periods. The authorized representatives designated in Section 5.1 of this Article will have access to records at any reasonable time for as long as the records are maintained. 4,6 This audit/access to records Article applies to financial records pertaining to all sub- agreements, and all sub-agreement change orders and amendments. In addition, this right of access applies to all records pertaining to all sub-agreements, sub-agreement change orders and sub-agreement amendments: to the extent the records reasonably pertain to sub-agreement performance; if there is any indication that fraud, gross abuse or corrupt practices may be involved; or if the sub-agreement is terminated for default or for convenience. 4.7 The City and CAPCO reserve the right to require reimbursement of any over- payments determined as a result of any audit or inspection of records kept by the Consultant on work performed under this Agreement. ARTICLE 5 OWNERSHIP AND USE OF DOCUMENTS 5.1 All documents prepared by Consultant in connection with this Agreement will become the property of the City whether any project related to this Agreement is executed or not. ARTICLE 6 TERMINATION OF AGREEMENT 6.1 The term of this Agreement begins upon its execution by both parties, and will end upon the Consultant's completion, and the City's acceptance of all services described in this Agreement unless this Agreement is terminated under Sections 7.2 or 7.3 below. Consultant must complete all services prior to December 31, 1998 with the exception of final reports which must be submitted to the City no later than January 15, 1998. 6.2 This Agreement may be terminated by either party upon 15 days prior written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 6.3 This Agreement may be terminated at will by the City upon at least 15 days prior written notice to the Consultant. 7