Reso 2012-1844 - Laserfiche WebLink

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15. COORDINATION OF SERVICES. The City's representative/liaison during the performance of this Agreement shall be Susan Simpson, Cultural and Human Services Director whose phone number is (305) 792 -1706. Contractor shall not respond to requests for services under this Agreement unless the request is received directly from Susan Simpson, or her designated personnel. Any requests received from other City departments /divisions shall be referred to Susan Simpson first for approval or if she is unavailable, then to Jorge Vera, Acting City Manager for approval prior to the commencement of any work. Services performed without authorization by the Acting City Manager, Jorge Vera, shall be considered unauthorized and shall not be compensated/paid by the City. 16. TIME FOR PERFORMANCE: Except as otherwise expressly provided for in this agreement, should the performance of any required by this agreement to be performed by either party be prevented or delayed by reason by any act of God, strike, lockout, labor trouble, inability to secure materials, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act will be extended for a period of time equivalent to the period of delay will be excused; provided, however, that nothing contained in this section shall exclude the prompt payment by either party as required by this agreement or the performance of any act rendered difficult or impossible solely because of the financial condition of the party required to perform the act. 17. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami -Dade County, Florida. The non - prevailing party shall pay all costs of arbitration and attorneys' fees incurred by the parties or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 18. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this Agreement or any time for a period of Ten (10) years subsequent to that date upon which the Contractor 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 Contractor under this Agreement, any information which the City designates in writing as "confidential." As a violation by the Contractor 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 Contractor in a court of equity for violating such provisions. 19. 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 Acting City Manager, Jorge Vera, 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 Contractor, shall be addressed to, Judith C1011 -036 Snack Time LLC Sampson Oceanfront Park Agreement Page 8 of I 1