Reso 2020-3047 - Laserfiche WebLink

Home Browse Search

t } • aty of Sunny Isles teach 18(170 Collins Avenue, Sunny Isles Beach, Florida 331.60 (305) 947.0606 phone(305)949-3113 Fax Services satisfactorily performed prior to the date of termination, as provided in Paragraph 4 herein. (ii.) Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Contractor and the City nay reasonably withhold payment to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor is leteimined, B. Termination for. Convenience of City. The City may, Car its convenience and without cause immediately terminate the Services then remaining to be performed at arty time by giving.written notice.The terms of Paragraph A(1)and A(ii) above shall be applicable hereunder, C. Termination for Insolvency, The City also rescr vcs the right to terminate the .temeiniirg Services 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, D. Termitiation for failure, to adhere to the Public Records Law. Failure of the Contractor to adhere to the requirements of Chapter 119 of the Florida Statutes and Suction 24 below,may result in immediate termination of this agreement. E. Termination for :Fraud and Misrepreseitatio i. The City may terminate this Agreement based on any attempt by the Contractor to meet its contractual obligations with the City through fraud.,m i srepresen.tation or material misstatem.en.t. Should this occur the Contractor will he responsible for all direct or indirect costs associated with termination or cancellation of the Contract. < i. OF 16. :rirl:�>IS>I�i:c 1 rON, VENUE AND WAIVER JURY TRIAL. This Agreement shall be'interpreted and construed in accordance with and governed by the laws of the State or Florida. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state • courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. lit the event it becomes necessary for the City to file a lawsuit to enforce any term or prirvision andsr this A*reemenl., then the City shall be entitled to its costs and attorney's tees at the pretrial, trial and appellate levels. BY :ENTERING INTO THIS• AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY. WAIVE ANY RIGHTS EITHER PARTY MAY HAV.i:i TO A TRIAL .BY JURY OF A=NY CIVIL. LITIGATION 'RELATED TO THIS AGREEMENT. Nothin in this Agreement is intended to serve as a cvaac u of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 20:1t)-£831 All Webbs Enterprises,inc. I •