Reso 2024-3686 - 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 maintains, until the completion of the Services, insurance of the types and to the limits specified herein. ANY EXCEPTIONS TO THE INSURANCE REQUIREMENTS IN THIS SECTION MUST BE APPROVED IN WRITING BY THE CITY MANAGER. 7. TERMINATION AND REMEDIES FOR BREACH A. If, through any cause within reasonable control, Instructor fails to fulfill in a timely manner or otherwise violate any of the covenants, agreements, or stipulations material to this Agreement, the City shall have the right to terminate the Services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify Instructor of his or her violation of the particular terms of the Agreement and grant Instructor ten (10) days to cure such default. If the default remains uncured after ten (10) days, the City may terminate this Agreement, and the City shall receive from Instructor an amount equal to the actual cost of a third party to cure such failure. If Instructor fails, refuses, or is unable to perform any term of this Agreement, City shall pay for Services rendered as of the date of termination. In the event of termination, all finished and unfinished documents, data and other work product prepared by Instructor shall be delivered to the City and the City shall compensate Instructor for all Services satisfactorily performed prior to the date of termination, as provided herein. 2. Notwithstanding the foregoing, Instructor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the Agreement by Instructor and the City may reasonably withhold payment to Instructor for the purposes of set-off until such time as the exact amount of damages due the City from Instructor is determined. Termination for Convenience of City. The City may, for its convenience and without cause, terminate the Services then remaining to be performed at any time by giving Instructor ten (10) days written notice. The terms of Paragraph 7(A)(1) and 7(A)(2) above shall be applicable hereunder. 8. INDEPENDENT CONTRACTOR RELATIONSHIP Instructor is an independent contractor and shall be treated as such for all purposes. Nothing contained in this Agreement or any action of the Parties shall be construed to constitute or to render Instructor an employee, partner, agent, shareholder, officer or in any other capacity other than as an independent contractor other than those obligations which have been or shall have been undertaken by the City. Instructor shall be responsible for any and all of its own expenses in performing its duties as contemplated under this Agreement. The assignment by the City of a time for classes is based solely upon the availability of the appropriate facility and is not a direction which would change the independent contractor relationship to one of an employee. The City shall not be responsible for any expense incurred by Instructor. The City shall have no duty to withhold any Federal income taxes or pay Social Security and such obligations shall be that of Instructor, INSTRUCTOR AGREEMENT — REV. 7/24 Page 4 of 15