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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 /> 9. GOVERNING LAW, VENUE, AND ATTORNEYS FEES. It is agreed that this <br /> Agreement shall be governed by,construed and enforced in accordance with the laws of the 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 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. BACKGROUND CHECKS. A criminal background check will be required for any <br /> employee of the Consultant performing Services under this Agreement. The Consultant shall be <br /> required to perform the criminal background check at their own sole cost and expense through <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 shall immediately notify the City Manager or his <br /> designee. Additionally,identification 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. 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 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 /> 12. 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 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 J.Russo With a copy to: <br /> City Manager Hans Ottinot <br /> City of Sunny Isles Beach City Attorney <br /> 18070 Collins Avenue,4th Floor City of Sunny Isles Beach <br /> Sunny Isles Beach,Florida 33160 18070 Collins Avenue,4th Floor <br /> Tel: (305)792-1701 Sunny Isles Beach, Florida 33160 <br /> Tel:(305)792-1702 <br /> 5 <br /> C6335-1617-001 SEA DIVERSIFIED,INC. <br />