Reso 2011-1710 - Laserfiche WebLink

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construed as creating any personal liability on the part of any officer or agent of the CITY, whicll may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the CITY and the COI\JSUL TANT. ARTICLE 14 - REMEDIES This Contract shall be governed by the laws of the State of Florida. Any and all legal action necessary arising out of the contract will have its venue in Seminole County and ti,e contract will be interpreted according to the laws of Florida. No remedy herein conferred upon61ny party is intended to be exclusive of any other remedy, and each and every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an dispute, breach, default, or misrepresentation in connection with any provision of this Contract, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all expenses (including taxes) even if not taxable as court costs (inclucliil~!, without limitation] all such fees, costs and expenses incident to appeals), incurred in thai: action Or proceeding, in addition to any other relief to v"hich such party or parties may be entiLiccl. ARTICLE j,5 - CONFLICT OF Il\JTEI-iEST The CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311. The CONSULTANT further repn::5Cl1ts that no person having any interest shall be employed for said performance. The CONSULTf'.i\JT shall promptly notify the CITY in writing by celtified mail of all potential conflicts of intcn~:)_ For any prospective business association] interest or other circumstances which may influence U:- l:ppear to influence the CONSULTANT'S judgement or quality of services being provided hereul:r::.:::r, Such written notification shall identify the prospective business association, interest Or cil"cumst:ances, the nature of work that the CONSULTANT may undertake and request an opinion of the CITY as to whether the association, interest or circumstance would, in the opinion of the CITY, constitute a conflict of interest if entered into by the CONSULTANT. The CITY' agrees to notify the Cm~SULTANT of its opinion by certified mail within 30 days of receipt of notification by the CONSUL T.:\J.JT. If, in the opinion of the CITY, the prospective business association, interest or circumstance: \/uuld not constitute a conflict of interest by the CONSUL Ti\NT, the CITY shall so state in th::; nOlii:,: lion and the COI\JSUL TANT shall, at its option, enter into said association, interest or circumstance ;: :c; it shall be deemed not in conflict of interest with respect to services provided 1.0 Lhe CJ:\ by the CONSULTANT under the terms of this Contract. If the CITY in its sole discretion detc;T",nes that there is a conflict, the CONSULTANT shall not enter into or terminate the Contract with ti;c i)Usiness associate. ARTICLE 16 - ARREARS The CO~JSUL TANT shall not pledge the CITY'S credit or make it a guarantor of p,-1'/ment: Ui . any contract] debt, obligation, judgement, lien, or any form of indebtedness, TiiC CC further warrants and represents that it has no obligation or indebtedness that "voule! illlp,. . to fulfill the terms of the Contract. ; :;~ly for L.TANT . -: ability 7 .~ \. ) :.-:: \ ~