Reso 2004-678 - 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/about May 21, 2004, and expire upon completion not to exceed July 31, 2004 This contract may 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 3443 Highway 39 North, Louisburg, North Carolina 27549, Attention: Phillip Robertson. 15. Coordination of Services. The City's representative/liaison during the performance of this Agreement shall be Thomas J. Acquaro, Human Resources Director, telephone number 305/947-0606. Consultant shall not respond to requests for services under this Agreement unless the request is received directly from Thomas J. Acquaro or Christopher J. Russo, City Manager, or designated personnel. Any requests received from other City departments/divisions shall be referred to the City Manager's Department representative designated above. Services performed without authorization shall be considered unauthorized and shall not be compensated/paid by the City. 16. Governin2 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. 17. 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 of the date of termination. City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Mercer Group Consultant Agreement Attomey/ Agreements/ch 5/13/2004 Page 4 of6 SIB