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Reso 2024-3636
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Reso 2024-3636
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Last modified
5/3/2024 10:22:10 AM
Creation date
3/28/2024 12:41:06 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2024-3636
Date (mm/dd/yyyy)
03/21/2024
Description
Agreement w/ Advanced Roofing, Inc. for Citywide Emergency Roof Inspection, Maintenance, & Repair Sevices as-needed basis.
Supplemental fields
Expiration Date
3/21/2025
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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 />8. TERMINATION AND REMEDIES FOR BREACH. <br />A. If, through any cause within reasonable control, the Contractor shall fail to fulfill <br />in a timely manner or otherwise violate any of the covenants, agreements or <br />stipulations material to this Agreement, the City shall have the right to terminate <br />the Services then remaining to be performed. Prior to the exercise of its option to <br />terminate for cause, the City shall notify the Contractor of its violation of the <br />particular terms of the Agreement and grant Contractor ten (10) days to cure such <br />default. If the default remains uncured after ten (10) days the City may terminate <br />this Agreement, and the City shall receive a refund from the Contractor in an <br />amount equal to the actual cost of a third parry to cure such failure. If Contractor <br />fails, refuses or is unable to perform any term of this Agreement, City shall pay for <br />services rendered as of the date of termination. <br />1. In the event of termination, all finished and unfinished documents, data and <br />other work product prepared by Contractor shall be delivered to the City and <br />the City shall compensate the Contractor for all Services satisfactorily <br />performed prior to the date of termination. <br />2. Notwithstanding the foregoing, the Contractor shall not be relieved of liability <br />to the City for damages sustained by it by virtue of a breach of the Agreement <br />by Contractor and the City may reasonably withhold payment to Contractor for <br />the purposes of set-off until such time as the exact amount of damages due the <br />City from the Contractor is determined. <br />B. Termination for Convenience of City. The City may, for its convenience and <br />without cause terminate the Services then remaining to be performed at any time <br />by giving Contractor ten (10) days written notice. The terms of Paragraph 8A(1) <br />and A(2) above shall be applicable hereunder. <br />C. Termination for Insolvency. The City also reserves the right to terminate the <br />remaining Services to be performed in the event the Contractor is placed either in <br />voluntary or involuntary bankruptcy or makes any assignment for the benefit of <br />creditors. <br />9. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of <br />this Agreement or any time for a period of ten (10) years subsequent to that date upon which this <br />Agreement shall terminate for any reason whatsoever, disclose to any person or entity, other than <br />in the discharge of the duties of the Contractor under this Agreement, any information which the <br />City designates in writing as "confidential." As a violation by the Contractor of the provisions of <br />this Section could cause irreparable injury to the City and there is no adequate remedy at law for <br />such violation, the City shall have the right, in addition to any other remedies available to it at law <br />or in equity, to enjoin the Contractor from violating such provisions. <br />10. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall <br />be interpreted and construed in accordance with and governed by the laws of the State of Florida. <br />All parties agree and accept that jurisdiction of any dispute or controversy arising out of this <br />Agreement, and any action involving the enforcement or interpretation of any rights hereunder <br />ADVANCED ROOFING, INC. <br />
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