Reso 2022-3313 - Laserfiche WebLink

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City of Sunny dsles Beach 1,8070 Crinins Avenue, Sunny isles Beach, Florida 33160 (305) 947-06.06 phone (305) 949-3113 Fax 9.3 If, within une (1) year after the date of completion of Services or such lunger period of time as ma#y, be pretigribed by the terms of any applicable special ivar6fity ri;quir�d by the Contract Documents, or by any specific provision(i) of this Agreement, any of; the work is found -to be defcetive or not in accordance wifh this •Agreement, Conttactor,! after receipt of written notice from the City or its designee, shall promptly ewe"Ot such defective .or nonconforming work within the r time specified by the City without cost to the City. Nothing eontaincd herein shall be construed to establish a period; of limitation with respect to any other obligation which Contractor might have under (his Agreement including but not liinited to any claim regarding latent defects. 9.4 Failure to.reject any dcfective•work or material shall not in any way prevent later rejection when such defeat is discovered, or obligate the City to final aoccptaacc, 9.5 NVhgrc the City or its designee becomes aware of faults, defects or non- conformity in any of the work provided under this Agreefnent, or with the work- being orkbeing performed'hy the Conuador,• the City or its designee shall issue it Notice tQ Curc•to- the Contrsctor for cotrectiod. In no- event shall the failure of the City or its designee to bring to the aactitioti of. the Contractor of sixth faults act ssi a waiver or reledsb the Cpnuactor from responsibility or liability for such fault, defect or non -conforming wbr-L 10. TERMINA77ON AND REWDIEES FOR BRLACH. A. U. 'through any cause witb:m reasonable control, the Cdritractor shall'fail to iulfill in a timely manner- -or otherwise: violate any of the covenants, Agreements or stipule;ions material to this Agrceriient, the City shall havc-the right to terminate the Services T*g hea rcmai. to be performed Prior, to .the e,ielr6ise gi its 9 oil to teiiiiinate fpr cause+ tho .*q(y shall 'notify the Contractor of its, violation of the particular terms of -the Agreeroent andoani Contractor•ten (10).days to cure such defsull. If the default remains uncured after ten (10) days. the City.may terminale this Agreement, and the City .shall receive 'a refund from the .Contractor in aii amount equal -to the- actual. cost of a third party to cure such failure, If Coiitractof fails, refii.5es or is unable tb perform.any tckm of this Agrcftent,'C}ty sl OI Pay for service§ rendered a5 -ofthe date -of terinination. (i•) iTM the event of terMin4fi9n, all Unshed -and.un4nished documents, data and other work product preparod by Coxitroc im shall be dclivcrcd to the. -City and 'thn City shall 'comperisate the Contractor for all Services 'satisfadtorily per•'formed prigfto the date of termination. (ii.) Notwithstanding the:-forogoing, the Contractor shall not be relieved of liability to the City for damages sustained'by it by vittuo•of a breacb, of the Agreement by Contractor and the City r ay reasonably Withhold payment to Contractor for the "ages itf•set•off until such time as the exact amptmt of'datpages due the. City L oin the Contractor is detefrnined, $QAO.42881oida Rntn�'rs.:s,;fne. 8