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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />12.2 Termination by the City <br />12.2.1 For Convenience <br />12.2.1.1 The City may for any reason whatsoever terminate performance under this <br />Contract by the Contractor for convenience. The City shall give written notice of such <br />termination to the Contractor specifying when termination becomes effective. <br />12.2.1.2 The Contractor shall incur no further obligations in connection with the Work and <br />the Contractor shall stop Work when such termination becomes effective. The Contractor <br />shall also terminate outstanding orders and subcontracts. The Contractor shall settle the <br />liabilities and claims arising out of the termination of subcontracts and orders. The City may <br />direct the Contractor to assign the Contractor's right, title and interestunder terminated orders or <br />subcontracts to the City or its designee. <br />12.2.1.3 The Contractor shall transfer title and deliver to the City such completed or <br />partially completed Work and materials, equipment, parts, fixtures, information and Contract <br />rights as the Contractor has. <br />12.2.1.4 <br />(a) The Contractor shall submit a termination claim to the City and the City's <br />Representative specifying the amounts due because of the termination for convenience together <br />with costs, pricing or other data required by the City's Representative. If the Contractor fails <br />to file a termination claim within one (1) year from the effective date of termination, the City <br />shall pay the Contractor, an amount derived in accordance with sub- paragraph (c) below. <br />(b) The City and the Contractor may agree to the compensation, if any, due to the <br />Contractor hereunder. <br />(c) Absent agreement to the amount due to the Contractor, the City shall pay the <br />Contractor the following amounts: <br />(i) Contract prices for labor, materials, equipment and other services <br />accepted under this Contract; <br />(ii) Reasonable costs incurred in preparing to perform and in performing <br />the terminated portion of the Work, and in terminating the Contractor's performance, <br />plus a fair and reasonable allowance for overhead in the amount of seven percent (7°/U) <br />of the Contractor's direct costs, and a reasonable allowance for profit in the amount <br />of ten percent (10%) of the Contractor's direct costs (such profit shall not include <br />anticipated profit or consequential damages); and profit thereon (such profit shall not <br />include anticipated profit or consequential damages); provided however, that if it <br />appears that the Contractor would have not profited or would have sustained a loss <br />if the entire Contract would have been completed, no profit shall be allowed or <br />included and the amount of compensation shall be reduced to reflect the anticipated <br />rate of loss, if any; <br />r r -- <br />#MAO <br />30 <br />