Reso 2003-579 - Laserfiche WebLink

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" writing. Any such attempted assignment or delegation shall be deemed of no legal force and effect whatsoever. 12. Term. This Contract shall commence on July 20, 2003, and expire on September 20, 2003. This contract may/may not be renewed. Any renewal of this Contract shall be subject to appropriation of funds by the City Commission. 13. Termination. This Agreement may be cancelled by the City, with or without cause, upon thirty (30) days written notice to Consultant. This Contract shall be subject to immediate termination if the services do not comply with the specifications stated herein, or fails to meet the City's performance standards. 14. Notices. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: if to the City to the attention of Christopher J. Russo, City Manager, with a copy to Lynn M. Dannheisser, City Attorney, at City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160, and to Consultant at Beiswenger Hoch & Associates, Inc., 1190 NE 163rd Street, Suite 203, North Miami Beach, Florida 33162, Attention: Victor H. Guevara, Project Manager. 15. Governinl! Law. The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of Florida. 16. Remedies for Breach. Should Consultant fail to perform, City shall notify Consultant in writing of such failure to perform and Consultant shall have thirty (30) days of receiving such notice to cure such failure. If Consultant is unable to cure such failure to perform then City shall receive a refund equal to the actual cost of a third party to cure such failure. The City may sue for damages in circuit court. If City fails, refuses or is unable to perform any term of this agreement, City shall pay for services rendered as ofthe date of termination. 17. Attornev's Fees. If this matter is placed in the hands of an attorney for collection, or in the event suit or action is instituted to enforce any of the terms or conditions of this agreement, the losing party shall pay to the prevailing party, in such suit or action in both trial court and appellate court, all costs, together with reasonable attorney's fees for the collection and enforcement of judgment. 18. Miscellaneous. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. This Agreement may be executed in multiple identical City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Beiswenger Hoch Margolis Park Drainage Attorney/ Agreementslch 7/9/2003 Page 4 of 5