Reso 2013-2093 - Laserfiche WebLink

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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947 -0606 phone (305) 949 -3113 Fax against any and claims, liabilities or action arising out of or relating to the breach or alleged breach of the foregoing representations and warranties. 8.3 If the ARTIST uses any protected material, process or procedure, the ARTIST shall disclose such patent, trademark or copyright in the construction drawings and technical specifications. ARTICLE 9 TERMIINATION 9.1 This Agreement may be terminated for cause or without cause by the CITY, through the Contract Administrator, upon thirty (30) days prior written notice to the ARTIST. 9.2 Termination of this Agreement for "cause" shall include failure to continuously perform the Project in a timely manner calculated to meet or accomplish the objectives of the CITY as set forth in this Agreement. a breach of the provisions of this Agreement (notwithstanding whether any such breach was previously waived or cured), or any other reason necessary to protect the health, safety, or welfare of the general public. 9.3 Notice of termination shall be provided in accordance with the NOTICES section of this Agreement except that notice of termination which Contract Administrator deems necessary to protect the public health, safety, or welfare may be by verbal notice which shall be promptly confirmed in writing in accordance with the NOTICES section of this Agreement. 9.4 The death or permanent incapacity of the ARTIST shall automatically terminate this Agreement. Neither the ARTIST nor the ARTIST's estate shall have any further right to perform hereunder. The CITY shall have the right to secure the Project, in its original state at the time of ARTIST's death or incapacity, and shall have the right to complete same, provided that credit will be accorded to the ARTIST or his estate for his portion of the Project. ARTIST's estate shall be compensated for any unpaid amounts. ARTICLE 10 MISCELLAJNEOUS 10.1 AUDIT RIGHT AND RETENTION OF RECORDS ARTIST shall preserve and make available, at reasonable times for examination and audit by CITY, all financial records, supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter 119, Fla. Stat.), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. If any audit has been initiated and audit findings have not been resolved at the end of the retention period or three (3) years, whichever is longer, the books, records, and accounts shall be retained until resolution of the audit findings. If the 6 REVISED: C1213 -030 Valeria Yamamoto