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Reso 2007-1040
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Reso 2007-1040
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Last modified
10/12/2011 10:06:38 AM
Creation date
3/5/2007 11:17:59 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2007-1040
Date (mm/dd/yyyy)
01/18/2007
Description
Agmt w/ CALVIN GIORDANO & ASSOC. - Consultant Engineering Services
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<br />City of Sunny Isles Beach <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />(i.) In the event of termination, all finished and unfinished documents, data and <br />other work product prepared by Consultant (and sub consultant(s)) shall be <br />delivered to the City and the City shall compensate the Consultant for all <br />Services satisfactorily performed prior to the date of termination, as provided <br />in Paragraph 4 herein. <br /> <br />(ii.) Nothwithstanding the foregoing, the Consultant shall not be relieved of <br />liability to the City for damages sustained by it by virtue of a breach of the <br />Agreement by Consultant and the City may reasonably withhold payment to <br />Consultant for the purposes of set-off until such time as the exact amount of <br />damages due the City from the Consultant is determined. <br /> <br />B. <br /> <br />Termination for Convenience of City. The City may, for its convenience and <br />without cause terminate the Services then remaining to be perforn1ed at any time <br />by giving Consultant ten (10) days written notice. The terms of Paragraphs A(i) <br />and A(ii) shall be applicable hereunder. <br /> <br />C. Termination for Insolvency. The City also reserves the right to terminate the <br />remaining Services to be performed in the event the Consultant is placed either in <br />voluntary or involuntary bankruptcy or makes any assignment for the benefit of <br />creditors. <br /> <br />10. ARBITRA TION. It is the intention of the parties that whenever possible, if a dispute <br />or controversy arises hereunder then such dispute or controversy shall be settled by <br />arbitration in accordance with the procedures, rules and regulations of the American <br />Arbitration Association. The decision rendered by the Arbitrator shall be final and binding <br />upon the parties and judgment upon the award rendered by the arbitrator may be entered in <br />any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All <br />costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non- <br />prevailing party or, if neither party prevails on the whole, each party shall be responsible for <br />a portion of the costs of arbitration and their respective attorneys' fees as may be determined <br />by the court on confirmation. <br /> <br />11. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the tenn of <br />this Agreement or any time for a period of TEN (10) years subsequent to that date upon <br />which the Consultant shall leave the employment of the City for any reason whatsoever, <br />disclose to any person or entity, other than in the discharge of the duties of the Consultant <br />under this Agreement, any information which the City designates in writing as "confidential." <br />As a violation by the Consultant of the provisions of this Section could cause irreparable <br />injury to the City and there is no adequate remedy at law for such violation, the City shall <br />have the right, in addition to any other remedies available to it at law or in equity, to enjoin <br />the Consultant in a court of equity for violating such provisions. <br /> <br />4 <br /> <br />C0607-031 Calvin, Giordano & Assoc.Continuing Consultant Engineering Agreement <br /> <br />r .~ <br />; "i <br />
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