Reso 2006-915 - 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 the reasonable control of the Consultant including weather conditions of acts of God which render the performance of the Consultant's duty impracticable. 13. MODIFICATIONS OF WORK. The City reserves the right to make changes in the work, including alterations, reductions or additions thereto. Upon receipt of the City's notification of a contemplated change, the Consultant shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in completion date, and (3) advise the City in writing if the contemplated change shall affect the Consultant's ability to meet the completion dates or schedules of this Agreement. 14. COORDINATION OF SERVICES. The City's representative/liaison during the performance of this Agreement shall be A. John Szerlag, City Manager, telephone number 305- 792-1701. Consultant shall not respond to requests for services under this Agreement unless the request is received directly from A. John Szerlag 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 of the City Manager shall be considered unauthorized and shall not be compensated/paid by the City. 15. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of this Agreement or any time for a period of five (5) years subsequent to that date upon which the Consultant shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Consultant under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Consultant of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in equity, to enjoin the Consultant in a court of equity for violating such provisions. 16. NOTICES. All notices and communications hereunder shall be in writing and shall be deemed given when sent postage prepaid by registered or certified mail, return receipt requested and, if intended for City to A. John Szerlag, City Manager, with a copy to Hans Ottinot, City Attorney, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, and, if intended for Consultant, shall be addressed to Douglas Haag, 7983 Perry Lake Road, Clarkson, Michigan 48348. Telephone: 248-425-8884. 17. GOVERNING LAW. The validity of this Agreement and the interpretation and perfOlmance 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. The non-prevailing party shall pay all costs and attorney's fees incurred by the other pm1y. 18. AUDIT. The Consultant shall make available to the City or its representative all required financial records associated with the Agreement for a period of Three (3) years. 5 SIB