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City of Sunny Isles Beach 18070 CollinsAvenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949.3113 Fax <br />9. GOVERNING LAW, VENUE, AND ATTO-&gYS 1RE>8S. It is agreed that this <br />Agreement shall be governed by, construed and enforced in accordance with the laws ofthe State <br />of Florida. Venue for any legal proceeding shall be in Miami Dade County, Florida In the event <br />it becomes necessary for the City to file a lawsuit to enforce say term of provision under this <br />Agreement and the City is the prevailing party then the City shall be entitled to its costs and <br />attorney's fees at the pretrial, trial and appellate levels. <br />10. BACKGROUND CHECM. A criminal background checic will be required for any <br />employee of the Consultant perforating Services under this Agreement: The Consultant shall hu <br />required to perform the criminal background check at their own sale cost and expease ilsrough <br />the City. The Consultant shall ensure that only their properly designated employees listed with <br />the City Manager be permitted to perform Services. In the event the designated employees are <br />removed by the Consultant, the Consultant sball immediately nalify the City Manager or his <br />designee. Additionally, ideatification cards will be provided by the City at the Consultant's sole <br />cost and expense. Consultant shall ensure that all designated employees wear the City's provided <br />identification cards while performing Services. <br />11. CONFI�TIAL I"ORMATIQN. The Consultant shall not, either during the term <br />of this Agreement or any time for a period of ten (10) years subsequeal to that date upon which <br />the Consultant shall heave the employment of the City for any reason whatsoever, disclose to any <br />person or entity, other than in the discharge of the duties of the Consultant under this Agreernent; <br />any information which the City designates in writing as."confidential." As a violation by the <br />Consultant of the provisions of this Section could cause irreparable injury to the City and there is <br />no adequate remedy at law for such violation, the City shall have the right, in addition to any other <br />remedies available to it at law or in equity, to enjoin the Consultant from violating such <br />provisions. <br />12. N_ OTICES. All notices and other communications required or permitted to be glean <br />under this Agreement by either party to the other shall be in writing and shall be sent (except as <br />otherwise provided herein) (i) by certified or registered mail, first class poslege prepaid, return <br />receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, <br />or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or <br />registered mail, first class postage prepaid, return receipt requested or by overnight delivery by <br />traditionally recognized courier service), addressed to such party as follows: <br />If to the City: Christopher 3. Russo With a copy to: <br />City Manager Hans 01tinot <br />City of Sunny Isles Beach CityAttorney <br />18070 Collins Avenue, 40' Fioor City of Sunny Isles Beach <br />Sunny Isles Beach, Florida 33160 113070 Collins Avenue, 41 Floor <br />Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160 <br />Tel: (305) 792-1702 <br />�- <br />C6333.16ri.301 SEA CiVERSIFIEa, INC. <br />