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RFP #26-1342-1403 Drone as First Responder Program
to the City by law or contract.
7.28. Contractual Disputes and Claims
In accordance with Section 2-577 of City Code, contractual claims, whether for money or other
relief, shall be submitted in writing to the Office of Purchasing no later than sixty (60) days after
final payment; however, written notice of the Contractor's intention to file such claim shall have
been given at the time of the occurrence or beginning of the work upon which the claim is based.
The Contractor shall refer to the Administrative Appeals Procedure and Contractual Claims
Review Procedure posted on the Office of Purchasing website
https://www.nnva.gov/707/Vendor-Resources for information on claims submission and appeals
related to contractual disputes.
The Contractor shall proceed diligently with the performance of the contract and with any
disputed work pending final resolution of any claim or dispute.
7.29. Force Majeure
If the parties are unable to perform or are delayed in the performance of its obligations due to
acts of God, natural weather disasters, fire, explosion, flood, war, civil disturbance, terrorism, or
any other cause which is not reasonably foreseeable and which is beyond that Contractor’s
control, then provided that Contractor shall have delivered written notice to the City of the cause
of the nonperformance within five (5) business days of the initiation of the delay, then such
nonperformance shall not be an event of default under a contract resulting from this solicitation
and the performance shall be resumed at the earliest practicable time after cessation of such
interruption. If notice is provided within the manner and timeframe set forth herein, the time for
performance of the obligations hereunder shall be extended for the period of the forced delay.
7.30. Rights and Remedies not Waived
In no event shall a payment by the City to the Contractor or the waiver by the City of any
provision under the contract, including any obligation of the Contractor, constitute or be
construed as a waiver by the City of any other provision, obligation, breach of covenant, or any
default which may exist under this contract on the part of the Contractor, and the making of any
such payment by the City while any such breach or default exists shall not impair or prejudice
any rights or remedies available to the City.
7.31. Severability
If any provision of the Contract resulting from this solicitation or the application thereof to any
person or circumstances shall to any extent be invalid or unenforceable, the remainder of this
contract, or the application of such provision to persons or circumstances other than those which
it is invalid or unenforceable, shall not be affected, and each provision of this contract shall be
valid and enforced to the full extent permitted by law.
7.32. Independent Contractor
The Contractor and any employees, agents, or other persons or entities acting on behalf of the
Contractor shall act in an independent capacity and not as officers, employees, or agents of the
City.
7.33. Conflict
In the event of a conflict between the contract documents, including these terms and conditions
and the terms of a Purchase Order or related document issued by the Office of Purchasing, the
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