Reso 2011-1761 - Laserfiche WebLink

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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 Phone (305) 947-0606 Fax (305) 949-3113 10. TERM: Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall begin upon the execution of this Agreement and shall end on October 29, 2011. If the event is canceled and rescheduled, per Section 12 below, the term shall end upon completion of the rescheduled date. Payment will be made only for services completed to the satisfaction of the City. Contractor is to commence performance of Services on the commencement date and continue in a diligent manner until the Services are complete. Contractor acknowledges that compliance with the commencement and completion date is the essence of this Agreement. The terms of Sections 7 and 8 entitled "Compliance with Law" and "Waiver of Liability/Indemnity," respectively, shall survive termination of this Agreement. 11. CANCELLATION: The City has the right to exercise its discretion and cancel Contractor's Services by providing notice to Contractor, at least by 4 p.m. the day before the scheduled event date, due to the threat of severe inclement weather (i.e. hurricanes, tornadoes, flooding, etc.) acts of God, riots, strikes, epidemics and similar circumstances. In the event of such cancellation under this Section, the Contractor agrees to reschedule the event in the City within 60 (sixty) calendar days of the cancelled event, with the Contractor's 50% retainer deposit to be applied to this rescheduled event. However, in the event the Contractor is unable to reschedule the canceled event within this 60 (sixty) day period, then Contractor shall be required to return any funds paid by the City, including but not limited to, the initial 50% retainer deposit. 12. TERMINATION: A. If, through any cause within the reasonable control the Contractor shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this agreement, the City shall have the right to terminate the services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Contractor of its violation of the particular terms of the agreement and grant Contractor ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement. (i). In the event of termination, all finished and unfinished documents, data and other work product prepared by Contractor (and sub Contractor(s)) shall be delivered to the City and the City shall compensate the Contractor for all services satisfactorily performed prior to the date of termination, as provided in Paragraph 3 herein. (ii). Notwithstanding the foregoing, the Contractor shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the agreement by Contractor and the City may reasonably withhold payments to Contractor for the purposes of set- off until such time as the exact amount of damages due the City from the Contractor is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed at any time by given written notice which shall become effective ten (10) days following receipt by Contractor. The terms of Paragraphs A(i) and (ii) shall be applicable hereunder. CIOII-068 All Star Events, Inc. Service Agreement 4