Reso 2023-3503 - 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 Contractor's performance under this Contract for convenience pursuant to Subparagraph 12.2.1 hereunder. 12.2 Termination by the City 12.2.1 For Convenience 12.2.1.1 The City may for any reason whatsoever terminate performance under this Contract by the Contractor for convenience. The City shall give written notice of such termination to the Contractor specifying when termination becomes effective. 12.2.1.2 The Contractor shall incur no further obligations in connection with the Work and the Contractor shall stop Work when such termination becomes effective. The Contractor shall also terminate outstanding orders and subcontracts. The Contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders. The City may direct the Contractor to assign the Contractor's right, title and interest under terminated orders or subcontracts to the City or its designee. 12.2.1.3 The Contractor shall transfer title and deliver to the City such completed or partially completed Work and materials, equipment, parts, fixtures, information and Contract rights as the Contractor has. 12.2.1.4 (a) The Contractor shall submit a termination claim to the City and the City's Representative specifying the amounts due because of the termination for convenience together with costs, pricing or other data required by the City's Representative. If the Contractor fails to file a termination claim within one (1) year from the effective date of termination, the City shall pay the Contractor, an amount derived in accordance with sub- paragraph (c) below. (b) The City and the Contractor may agree to the compensation, if any, due to the Contractor hereunder. (c) Absent agreement to the amount due to the Contractor, the City shall pay the Contractor the following amounts: (i) Contract prices for labor, materials, equipment and other services accepted under this Contract; (ii) Reasonable costs incurred in preparing to perform and in performing the terminated portion of the Work, and in terminating the Contractor's performance, plus a fair and reasonable allowance for overhead in the amount of seven percent (7%) of the Contractor's direct costs, and a reasonable allowance for profit in the amount of ten percent (101/o) of the Contractor's direct costs (such profit shall not include anticipated profit or consequential damages); and profit thereon (such profit shall not include anticipated profit or consequential damages); provided however, that if it appears that the Contractor would have not profited or would have sustained a loss if the entire Contract would have been completed, no profit shall be allowed or 30