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Reso 2021-3248
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Reso 2021-3248
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Last modified
9/23/2021 9:44:22 AM
Creation date
9/22/2021 4:25:17 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2021-3248
Date (mm/dd/yyyy)
09/14/2021
Description
Approving an Agreement with Victor H. Guevara to Provide Professional Consulting Services.
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />Agreement for convenience as provided herein, the terms of Paragraph A(i) above <br />shall be applicable hereunder. <br />C. Termination for Insolvency..The City also reserves the right to terminate the <br />remaining Services to be performed in the event the Consultant is placed either in <br />voluntary or involuntary bankruptcy or makes any assignment for (lie benefit of <br />creditors. <br />D. Termination for failure to adhere to the Public Records Law. Failure of the <br />Consultant to adhere to the requirements of Chapter 119 of the Florida Statutes and <br />Section 14 below, may result in immediate termination of this agreement. <br />9. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall <br />be interpreted and construed in accordance with and governed by the laws of the State of Florida. <br />All parties agree and accept that jurisdiction of any dispute or controversy arising, out of this <br />Agreement, and any action involving the enforcement or interpretation of any rights hereunder <br />shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade, County, <br />Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state <br />courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or <br />other jurisdictional device, In the event it becomes necessary for the City to file a lawsuit to <br />enforce any term or provision under this Agreement, then the City shall be entitled to its costs and <br />attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO; THIS <br />AGREEMENT, CONSULTANT AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS <br />EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION <br />RELATED TO THIS AGREEMENT, Nothing in this Agreement is intended to serve as a waiver <br />of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City <br />pursuant to Section 768.28, Florida Statutes. <br />10. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term <br />of this Agreement or any tune for a period of ten (10) years subsequent to that date upon which <br />the Consultant shall leave 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 Agreement, <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 />11. 'NOTICES. All notices and other communications required or permitted to be given <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 postage prepaid., return <br />receipt requested, or (ii) by guaranteed overnight delivery by a nationally recognized courier <br />service, addressed to such party as follows: <br />4 <br />2021-7502 VICTOR H. GUEVARA <br />
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