Reso 2021-3181 - Laserfiche WebLink

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Oq oj,Sunn.p Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (05) 947-0606 plione (305) 949-3113 fax B. Terr7rination for Convenience of City. The City may; For its convenience and without cause terminate the -Services then retnaining to bo performed at any tlnie I)y giving Consultant ten (lO) days written notice, In the event ofsuch a termination without cause, the ConsLLhanL sltarll be compensated flor all services performed to the City's satisfaction and prior to termination. Upon receipt of the notice of termination 16r convenience, Consultant shall proinpit Iy discontinue all work and. to the extent indicated on the notice ol'tormination, shall terniinaLe all Outstanding subcontracts and purchase orders as they relate to the terminated portion of the Contract: shall refrain from placing further orders and/or contracting with subConsuItail ts, and shall complete any continued portions of the work. The terms of Paragraph I . I I A(i) and A(ii) above shall he appIicahIe hereunder_ C;. Termination for insolvency. The City also reserves the right to terminate the rcrrtairting Services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of trod i.Lors. 1.11. GOVERNING LAW AND ATTORNEYS FEES. It is agreed (haL this Agrccrrrent shall be governed b1'_ construed and enforced in accordance with the laws of the State of Florida_ Venue for any legal proceeding shall be in Miami Cade County, Florida. In Elie event it becotrlcs necessary for the City to file a lawsuit to cnforcc any terns or prov ision under this Agreement and die City is the prevailing party then the City shall be entitled to its coats and attorneys fees at the pretrial: trial and appellate levels. 1.12. C ON-FTI)ENTIAL iNFORMATION. The C<)nsttltanL shall not. either during Elie term of this Agreement or any tune for a period of ten (l 0) years subsequent to that date upon which the CO shall leave the employment cif the City for any reason whatsoever, disclose to any person or entity, other than in the dischar-e of the duties of tile Cons kiImnt under th is Agreement; ally information which the City designates in writing as "confidential," As a violation by the. Consultant of the; provisions of this Section COUld cause irreparabic injury to the City and there is no adequate remedy at law for such violation, the City shall havc the right, in addition to ally other rernedies availahle to it at law or in equity; to enjoin the Consultant fr€}r'n violating such larovitiions_ 1.13. .T[IT SDICTICIN, VENUE AND WAIVER OF JURY TRIAL. This Agrocnicnt Shalt br,, interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accepl Lhat jurisdicLion of any dispute or controversy Hrising crut of this !1amie nie,nt, and any action involving the enforcement or interpretati€an of and+ rights hereundcr sliall be brought cxciusively in the Eleventh Judicial Circuit in and for Miami Dade County; I'lorida, and venue floc l tigaEtion arising OLLL ()]'this Agreement. shall Lac OXOtL19ive.ly in such state court, forsaking any other jurisdiction whicli either party may claim by virtue of its residency err €;'ther_jurisd Icitional deviop. In then Cvvnt iL becomes ncoossaryr Ior the City to file a lawsuit to ertforce any term or provision under this Agreement and the City is the prevailing party then the City, shall be entitled to its casts and attorney's fees at the pretrial, trial and appellate levels. 14Y ENTERING INTO THIS AGREEMENT, CONSULTANT AND CITY HEREBY EXPRESSLY 6617-096'l'IVAL BASJly GV'I', CONSULTING. LLC.