Reso 1997-011 to 015 - Laserfiche WebLink

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If, during performance of the WO, DA forecasts its actual costs under the WO to exceed the amount of funds available under the WO, it shall promptly notify the City of the amount of additional funds necessary to complete the work under the WO. The City shall either provide the additional funds to the DA or direct termination of the work under the WO pursuant to Article XIII of this MOA. Within 90 days of completing the work under the WO, the DA shall conduct an accounting to determine the actual costs of the work and present to the City in the agreed upon format and detail. Within 30 days of completion of this accounting, the DA shall return to the City any funds advanced in excess of the actual costs as then known, unless there are unsettled claims or anticipated change orders. Such an accounting shall in no way limit the City's duty in accordance with Article VIII to pay for any costs, such as contract claims or other liability, which may become known after the accounting. ARTICLE VII - APPLICABLE LAWS This MOA and all documents and actions pursuant to it shall be governed by the applicable statutes, regulations, directives, and procedures of the United States. Unless otherwise required by law, all contract work undertaken by the DA shall be governed by Department of the Army policies and procedures. ARTICLE VIII - CONTRACT CLAIMS AND DISPUTES All claims and disputes by contractors arising under or relating to contracts awarded by the DA shall be resolved in accordance with Federal law and the terms of the individual contract. DA shall have dispute resolution authority for these claims. Any contracting officer's final decision may be appealed by the contractor pursuant to the Contract Disputes Act of 1978 (41 U.S.C. §§ 601-613). The U.S. Army Corps of Engineers Board of Contract Appeals ("ENG BCA") is designated as the appropriate board of contract appeals. In lieu of appealing to the ENG BCA, the contractor may bring an action directly to the United States Court of Federal Claims. DA shall be responsible for handling all litigation involving disputes and appeals, and for coordinating with the Department of Justice as appropriate. DA shall notify the City of any such litigation and afford the City an opportunity to provide comments on the litigation proceedings and any resulting settlement negotiations. ARTICLE IX - DISPUTE RESOLUTION The parties agree that, in the event of a dispute between the parties, the City and DA shall use their best efforts to resolve that dispute in an informal fashion through consultation and communication, or other forms of nonbinding alternative dispute resolution mutually acceptable to