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RFP No. 10-08-03 Concessionaire services for Skateboard Park
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Last modified
11/5/2010 10:49:58 AM
Creation date
11/5/2010 10:49:47 AM
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CityClerk-Bids_RFP_RFQ
Project Name
Concessionaire Services for Skateboard Park
Bid No. (xx-xx-xx)
10-08-03
Project Type (Bid, RFP, RFQ)
RFP
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<br />for services under this Agreement unless the request is received directly from Susan <br />Simpson, or her designated personnel. Any requests received from other City <br />departments/divisions shall be referred to Susan Simpson first for approval or if Susan <br />Simpson is unavailable, then to the City Manager, Rick Conner for approval prior to the <br />commencement of any work. Services performed without authorization by Susan <br />Simpson, or by the City Manager, Rick Conner, shall be considered unauthorized and <br />shall not be compensated/paid by the City. <br /> <br />17. TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this <br />agreement, should the performance of any obligation required by this agreement to be <br />performed by either party be prevented or delayed by reason by any act of God, strike, <br />lockout, labor trouble, inability to secure materials, or any other cause except financial <br />inability not the fault of the party required to perform the act, the time for performance of the <br />act will be extended for a period of time equivalent to the period of delay will be excused; <br />provided, however, that nothing contained in this section shall exclude the prompt payment <br />by either party as required by this agreement or the performance of any act rendered difficult <br />or impossible solely because of the financial condition of the party required to perform the <br />act. <br /> <br />18. ARBITRATION. It is the intention of the parties that whenever possible, if a <br />dispute or controversy arises hereunder then such dispute or controversy shall be settled by <br />arbitration in accordance with the procedures, rules and regulations of the American <br />Arbitration Association. The decision rendered by the Arbitrator shall be final and binding <br />upon the parties and judgment upon the award rendered by the arbitrator may be entered in <br />any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. The <br />non-prevailing party shall pay all costs of arbitration and attorneys' fees incurred by the <br />parties or, if neither party prevails on the whole, each party shall be responsible for a portion <br />of the costs of arbitration and their respective attorneys' fees as may be determined by the <br />court on confirmation. <br /> <br />19. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the <br />term of this Agreement or any time for a period of Ten (10) years subsequent to that date <br />upon which the Contractor shall leave the employment of the City for any reason whatsoever, <br />disclose to any person or entity, other than in the discharge of the duties of the Contractor <br />under this Agreement, any information which the City designates in writing as <br />"confidentiaL" As a violation by the Contractor of the provisions of this Section could cause <br />irreparable injury to the City and there is no adequate remedy at law for such violation, the <br />City shall have the right, in addition to any other remedies available to it at law or in equity, <br />to enjoin the Contractor in a court of equity for violating such provisions. <br /> <br />20. NOTICES. All notices and communications hereunder shall be in writing and shall <br />be deemed given when sent postage prepaid by registered or certified mail, return receipt <br />requested and, if intended for City to City Manager, Rick Conner, with a copy to Hans <br />Ottinot, City Attorney, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles <br />Beach, Florida 33160, and, if intended for Contractor, shall be addressed to, <br />
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