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Reso 2014-2317
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Reso 2014-2317
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Last modified
6/3/2015 11:03:34 AM
Creation date
12/8/2014 9:38:11 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2014-2317
Date (mm/dd/yyyy)
10/16/2014
Description
Consultant Agmt w/Calvin Giordano for Emergency Seawall Repair, Design, Permit.
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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 />by giving Consultant ten (10) days written notice. The terms of Paragraph 8 A(i) <br />and A(ii) above 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 the benefit of <br />creditors. <br />9. GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement <br />shall be governed by, construed and enforced in accordance with the laws of the State of <br />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 any term or 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. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term <br />of this Agreement or any time 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 <br />any person or entity, other than in the discharge of the duties of the Consultant under this <br />Agreement, any information which the City designates in writing as 'confidential." As a <br />violation by the Consultant of the provisions of this Section could cause irreparable injury to the <br />City and there is no adequate remedy at law for such violation, the City shall have the right, in <br />addition to any other remedies available to it at law or in equity, to enjoin the Consultant from <br />violating such 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, (ii) by guaranteed overnight delivery by a nationally recognized courier <br />service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by <br />certified or registered mail, first class postage prepaid, return receipt requested or by overnight <br />delivery by traditionally recognized courier service), addressed to such party as follows: <br />If to the City: <br />Christopher J. Russo <br />With a copy to: <br />City Manager <br />Hans Ottinot <br />City of Sunny Isles Beach <br />City Attorney <br />18070 Collins Avenue, 4'" Floor <br />City of Sunny Isles Beach <br />Sunny Isles Beach, Florida 33160 <br />18070 Collins Avenue, 4`' Floor <br />Tel: (305) 792 -1701 <br />Sunny Isles Beach, Florida 33160 <br />Tel: (305 ) 792 -1702 <br />If to the <br />Dennis J. Giordano, President <br />Consultant: <br />1800 Eller Drive, Suite 600 <br />Fort Lauderdale, FL 33316 <br />Tel: (954) 921 -7781 <br />Fax: (954) 921 -8807 <br />CGiordano@cjzasolutions.com <br />C1314 -092 CGA.Inc. <br />SIB <br />
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