Reso 2008-1204 - Laserfiche WebLink

Home Browse Search

ARTICLE 28 KEY PERSONNEL The FINANCIAL ADVISOR shall notify the CITY in the event of key personnel changes which might affect this Agreement. Written notification shall be made within fifteen (15) days of said changes. ARTICLE 29 CONFIDENTIALITY No reports, information, computer programs, documentation, and/or data given to or prepared or assembled by the FINANCIAL ADVISOR under this Agreement shall be made available to any individual or organization by the FINANCIAL ADVISOR without prior written approval of the CITY. ARTICLE 30 ARBITRATION It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. ARTICLE 31 CONFLICT OF INTEREST The FINANCIAL ADVISOR affirms that the best of their knowledge these exists no actual or potential conflict between the FINANCIAL ADVISOR'S business or financial interests and the services provided hereunder, and in the event of change in either private interests or services, any question regarding possible conflict of interest which may arise as a result of such change shall be raised with the City. The FINANCIAL ADVISOR shall promptly notify the CITY in writing of all potential or actual conflicts of interest for any prospective business association, interest, or other circumstance which may influence or appear to influence the FINANCIAL ADVISOR'S judgment or quality of the services, The notice shall identify the prospective business association, interest, or circumstance and the nature of the work that the FINANCIAL ADVISOR wants to undertake and the request the CITY'S response as to whether the association, interest, or circumstance would, in the opinion of the CITY, constitute a conflict of interest if entered into by the FINANCIAL ADVISOR. The CITY agrees to notify the FINANCIAL ADVISOR of its opinion within thirty (30) days of receipt of notification by the FINANCIAL ADVISOR. If, in the opinion of the CITY, the prospective business association, interest, or circumstance would not constitute a conflict of interest by the FINANCIAL ADVISOR, the CITY shall so state in its response, and the association, interest or circumstance shall not be deemed to be a conflict of interest with respect to the services. 8