Laserfiche WebLink
City ofSunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949.3113 Fax <br />(i) In the event of termination, all finished and unfinished documents, data and other <br />work product prepared by Contractor shall be delivered to the City and the City <br />will only be responsible for paying the Contractor for Services satisfactorily <br />performed prior to the date of termination. Under no circumstances will the City <br />be responsible for monthly service charges for the remaining, unexpired portion <br />of the then existing term. <br />(ii) Notwithstanding the foregoing, the Contractor shall not be relieved of liability <br />to the City for damages sustained by it by virtue of a breach of the Agreement <br />by Contractor and the City may reasonably withhold payment to Contractor for <br />the purposes of sat -off until such time as the exact amount of damages due the <br />City from the Contractor is determined. <br />B. Termination for Convenience of City. The City may, for its convenience and without <br />cause terminate the Services then remaining to be performed at any time by giving <br />Contractor ten (10) days written notice. The terms of Paragraph 8A(i) and 8A(R) <br />above shall be applicable hereunder. <br />C. Termination for Insolvent. The City also reserves the right to terminate the <br />remaining Services to be performed in the event the Contractor is placed either in, <br />voluntary or involuntary bankruptcy or makes any assignment for the benefit of <br />creditors. <br />D. Escalation Process. Notwithstanding the City's right to terminate the Services <br />with or without cause, the City shall also have the alternative option to the dispute <br />resolution escalation process outlined in Section 3.5 of ITB No. 21-03-02. <br />9. CONVIOM iAL INFORMATION. The Contractor shall not, either during the term <br />of this Agreement or any time for a period of ten (10) years subsequent to that date upon which <br />the Contractor shall leave the employment of the City for any reason whatsoever, disclose to any <br />person or entity, other than in the discharge of the duties of the Contractor under this Agreement, <br />any information which the City designates in writing as "confidential." As a violation by the <br />Contractor of the provisions of this Section could cause irreparable injury to the City and there is <br />no adequate remedy at law for such violation, the City shall have the right, in addition to any other <br />remedies available to it at law or in equity, to enjoin the Contractor from violating such provisions. <br />10. JURISDICTLON, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall <br />be interpreted and construed in accordance with and governed by the laws of the State of Florida. <br />All parties agree and accept that jurisdiction of any dispute or controversy arising out of this <br />Agreement, and any action involving the enforcement or interpretation of any rights hereunder <br />shall be brought exclusively In the Eleventh Judicial Circuit in and for Miami Dade County, <br />Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state <br />courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or <br />other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to <br />2021-6199 ACADEMY BUS, LLC. <br />