Reso 2021-3186 - Laserfiche WebLink

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City of Sunny .isles Beach 1.8070 Collins Avenue; Sunny Islcs Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 9.3 If, Within one (1) year after the date of completion of Services or such longer period of time as may. be prescribed by the terms of any applicable special warrdnty required by the Contract Documents, or by any specific provisions) of this Agreement, any of the work is found to be defective or not in accordance with this -Agreement, Contractor,'. after receipt of written notice from the City or its designee, shall promptly correct such defective .or nonemforMing work within the time specified by the City without cost to the City_ Nothing contained herein shall be construed to establish a period of limitation with respect to any other obligation which Contractor might have under this Agreement including but not Whited to any claim regarding latent defects. 9.4 Failure to.reject any defective work or material shall not in any way prevent later rejection when such defect is discovered, or obligate the City to final acceptance. 9.5 Whcre the .City or its designee becomes aware of faults, defects or non- conformity in any of the work provided under this Agreement. or with the work being performed'by the Contractor, the City or its designee Shall issue a Notice to Cure- to the Contractor for correction. In no event shall the failure of the City, or its designee to bring to the attention of. the Contractor of such faults act as u waiver or .release the Contractor from responsibility or liability for such fault, defect Or non -conforming work. 10, '. ERIIINATION AND REMEDIES FOR BREACH. A. If, through any cause within reasonable control, the Contractor shallfail to fulfill in a timely manner or otherwiie: violate any of the covenants, agreements or stipulations material to this Agreement, the City shall have -the right to terminate the Sevices then remaining. to be performed. Prior, to the exercise of its .option to. terminate for cause, the City shall 'notify the Contractor of its iolation of the particular terms ofthe Agreement andggrani Conirac torten (10) .days to cure such default. If t1�e default remains uncured after ten (10) days. the'City .may terminate this Agreement, and the City .shall receive a refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure. If Contractor fails, refuses or is unable to perfoim.any term of this Agreeinent,'C jly.ghw.l Pay for services rendered as of the date of termination. (i) I.P. the event of termination, all finished and, unfinished documents, data and other work product prepared by Contractor shall be delivered to .the City and the City shall 'compensate the Contractor for all Services 'satisfactorily performed prior to the date of termination. (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 may reasonably withhold payment io Contractor for the purposes of set-off until such time as the exact amount of 'damages due the. City from the Contractor is detetinined, .2620.428&Joida Psunp'is,s,'Ine. 6