Laserfiche WebLink
8. NOTICES <br />Any notice under this Agreement shall be in writing and shall be deemed sufficient when presented in person, <br />or sent, pre -paid, first-class United States Mail, or delivered by electronic mail to the following addresses: <br />If to the Municipality: <br />Stan Morris, City Manager <br />City of Sunny Isles Beach <br />18070 Collins Avenue <br />Sunny Isles Beach, FL 33160 <br />Email: smorris@sibfl.net <br />If to the Consultant: <br />Matthew K. Causley, President <br />M.T. Causley, LLC <br />10720 Caribbean Blvd, Suite 650 <br />Cutler Bay, FL 33189 <br />Email: mtc@mtcinspectors.com <br />CC: Jeannie Fabian, Account Manager <br />Email: Jeannie@mtcinspectors.com <br />9. FORCE MAJEURE <br />Any delay or nonperformance of any provision of this Agreement by either Party (with the exception of <br />payment obligations) which is caused by events beyond the reasonable control of such party, shall not <br />constitute a breach of this Agreement, and the time for performance of such provision, if any, shall be deemed <br />to be extended for a period equal to the duration of the conditions preventing such performance. <br />10. WAIVER <br />Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of <br />any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. <br />11. INDEPENDENT CONTRACTOR <br />Consultant is an independent contractor, and, except as provided otherwise in this section, neither <br />Consultant, nor any employee or agent thereof, shall be deemed for any reason to be an employee or agent <br />of Municipality. Municipality shall have no liability or responsibility for any direct payment of any salaries, <br />wages, payroll taxes, or any and all other forms or types of compensation or benefits to any personnel <br />performing services for Municipality under this Agreement. Consultant shall be solely responsible for all <br />compensation, benefits, insurance and employment-related rights of any person providing Services hereunder <br />during the course of or arising or accruing as a result of any employment, whether past or present, with <br />Consultant. <br />Consultant and Municipality agree that Consultant will provide similar service to other clients while under <br />contract with Municipality and Municipality acknowledges that Consultant employees may provide similar <br />services to multiple clients. Consultant shall at its sole discretion assign and reassign qualified employees, as <br />determined by Consultant, to perform services for Municipality. Municipality may request that a specific <br />employee be assigned to or reassigned from work under this Agreement and Consultant shall consider that <br />request when determining staffing. Consultant shall determine all conditions of employment for its <br />employees, including hours, wages, working conditions, promotion, discipline, hiring and <br />discharge. Consultant exclusively controls the manner, means and methods by which services are provided <br />to Municipality, including attendance at meetings, and Consultant's employees are not subjecttothe direction <br />and control of Municipality. Except where required by Municipality to use Municipality information <br />technology equipment or when requested to perform the services from office space provided by the <br />Municipality, Consultant employees shall perform the services using Consultant information technology <br />equipment and from such locations as Consultant shall specify. No Consultant employee shall be assigned a <br />Page 3 of 9 <br />108 <br />