Reso 2012-1871 - Laserfiche WebLink

Home Browse Search

City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax B. Termination for Convenicnce of Citv. The City may, for its convenience and without cause terminate the Services then remaining to be performed at any time by giving writtcn notice which shall become effective ten (l0) days following receipt by Consultant. Tbe terms of Paragraphs A(i) and (ii) shall be applicablc hereunder. C. Termination for Insolvencv. The City also reservcs the right to temlinate the remaining services to be performed in thc event the Consultant is placed either in volllfltary or involuntary bankruptcy or makes any assignmcnt for the benefit of creditors. I 10. ASSIGNMENTS. TRANSFERS. SUBCONTRACTING. The Consultant shall not subcontract, assign, or transfer any work under this Agrcement with the prior written consent of the City. Should the Consultant subcontraet any services under this Agrcement, it shall be done with continued liability for the Consultant. The Consultant shall remain responsible for services, responsibilities, and liabilities of any person or entity acting lmder Consultant. II, ARBITRATION. It is the intention of the parties that whcnever possible, if a dispute or controversy arises hereundcr then such dispute or controversy shall be scttled by arbitration in accordance with the procedures, rules and rcgu1ations 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 ill any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fccs incurred by the parties shall be paid by the non-prevailing party or, if ncither party prevails on the wholc, each party shall be rcsponsible for a portion of thc costs of arbitration; and their respective attorneys' fees as may be determincd by the court on confilmation. 12. CONFIDENTIAL INFORMATION. The Consultant shall not, either during thc term of this Agreemcnt or any time for a period of TEN (l0) years subsequent to that date upon which the Consultant sha1l1cave the employment of the City for any reason whatsoever, disclose to any pcrson or entity, other than in the discharge of the duties ofthc Consultant under this Agrcement, any infonnation which the City desib'llates in writing as "confidcntial." As a violation by the Consultant of the provisions of this Section could cause irreparablc injury to the City and therc is no adcquate remcdy at law for such violation, the City shall have the right, in addition to any other remedies available to it at law or in cquity, to enjoin the Consultant in a court of equity for violating such provisions. 13. NOTICES. All notices and other communications requircd or permitted to be given under this Agreement by either party to the other shall be in writing and shall be scnt (except as otherwise provided herein) (i) by certified or registered mail, first class postagc prepaid, rcturn receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation rcccipt (with a copy simultaneously sent by certified or registcrcd mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier scrvicc), addressed to such party as follows: C 1112-013 SECURITY CONSULTANT AGREEME:-iT Page 6 of9