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Reso 2021-3261
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Reso 2021-3261
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Last modified
2/17/2022 3:19:10 PM
Creation date
12/21/2021 3:57:37 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2021-3261
Date (mm/dd/yyyy)
11/18/2021
Description
1st Amendment w/ Envirowaste Services Group, Inc., for storm water manangement system preventative maintenance services.
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City of Sunny Dies Beach 18070 Collins Avenue, Sunny isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949.3113 Fax <br />C. Termination for insolr+encv, The City also reserves the right to terminate the <br />remaining Services to be performed in the event the Contractor is placed either in <br />voluntary or involuntary bankmptcy or makes any assignment for the benefit of <br />creditors. <br />D. Termi at" n for failure to adhere to the public sLaw, Failure of the Contractor <br />to adhere to the requirements of Chapter 119 of the Florida Statutes and Section 18 <br />below, may result in immediate termination of this agreement. <br />9. JURISDICTItON. 'V,RURK_. ND AAME -M 1URY TRIAL, This Agreement shall be <br />interpreted and construed in accordance with and governed by the laws of the State of Florida. All <br />parties agree and accept that jurisdiction ofany dispute or controversy arising out ofthis Agreement, <br />and any action involving the enforcement or interpretation of any rights hereunder shall be brought <br />exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for <br />litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other <br />jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. in <br />the event it becomes decessary for the City to file a lawsuit to enforce any terns or provision under <br />this Agreement, then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and <br />appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY <br />1 iEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A. TRIAD BY <br />JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMBW. Nothing in this <br />,Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, <br />defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. <br />10. CQNFIDENTIAL INFi'ARMATION. The Contractor shall not, either during the term of <br />this Agreement or any time for a period of 10 ('Ten) years subsequent to that date upon which the <br />Contractor shall leave the employment ofthe City for any treason whatsoever, disclose to any person <br />or entity, other titan in the discharge of the duties of the Contractor under this Agreement, any <br />information which the City designates in writing as "confidential" As a violation by the Contractor <br />of the provisions of this Section could cause itriiparable-injury to the City and there is no adequate <br />remedy at law for such violation, the City shall have the right, in addition to any other remedies <br />available to it at law or in equity, to enjoin the Contractor from violating such provisions. <br />It. P+tfl, ,, TICE,S. All notices and other communications required or permitted to be given under <br />this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise <br />provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt <br />requested, (ii) by guaranteed overnight delivery by a natlonally recognized courier service, or (iii) <br />by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered <br />trail, first class postage prepaid, return receipt requested or by overnight' delivery by traditionally <br />recognized courier service), addressed to such party as follows: <br />2019.5737 Envirowaste Services Group, Inc <br />
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