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Reso 2006-901
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Reso 2006-901
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Last modified
7/1/2010 9:41:47 AM
Creation date
8/2/2006 4:10:34 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2006-901
Date (mm/dd/yyyy)
03/16/2006
Description
Amend Agmt w/ LUKE'S - Maintenance of Town Center Park
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<br />City of Sunny Isles Beach <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the <br />City of any estimated change in completion date, and (3) advise the City in writing if the <br />contemplated change shall affect the Contractor's ability to meet the completion dates or <br />schedules of this Agreement. <br /> <br />15. COORDINA TION OF SERVICES. The City's representative/liaison during the <br />performance of this Agreement shall be James Watts, Public Works Director, telephone <br />number 305/947-0606. Contractor shall not respond to requests for services under this <br />Agreement unless the request is received directly from James Watts or designated personnel. <br />Any requests received from other City depariments/divisions shall be referred to the City <br />Manager's Department representative designated above. Services performed without <br />authorization by James Watts, Public Works Director, shall be considered unauthorized <br />and shall not be compensated/paid by the City. <br /> <br />16. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or <br />controversy arises hereunder then such dispute or controversy shall be settled by arbitration in <br />accordance with the procedures, rules and regulations of the American Arbitration Association. <br />The decision rendered by the Arbitrator shall be final and binding upon the pariies and judgment <br />upon the award rendered by the arbitrator may be entered in any court having jurisdiction. <br />Arbitration shall be held in Miami-Dade County, Florida. The non-prevailing party shall pay all <br />costs of arbitration and attorneys' fees incurred by the parties or, if neither pariy prevails on the <br />whole, each party shall be responsible for a pOliion of the costs of arbitration and their respective <br />attorneys' fees as may be determined by the court on confirmation. <br /> <br />17. CONFIDENTIAL INFORMATION. The Contractor 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 Contractor 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 Contractor under this Agreement, <br />any information which the City designates in writing as "confidential." As a violation by the <br />Contractor 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 <br />other remedies available to it at law or in equity, to enjoin the Contractor in a couli of equity for <br />violating such provisions. <br /> <br />18. NOTICES. All notices and communications hereunder shall be in writing and shall be <br />deemed given when sent postage prepaid by registered or celiified mail, return receipt requested <br />and, if intended for City to A. John Szerlag, City Manager, with a copy to Hans Ottinot, City <br />Attorney, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny lsles Beach, Florida 33160, <br />and, if intended for Contractor, shall be addressed to Luke Facarazzo, President, Luke's <br />Landscaping, Inc., 3920 NW 94th Avenue, Hollywood, Florida 33024. <br /> <br />19. GOVERNING LAW. The validity of this Agreement and the interpretation and <br />performance of all of its terms shall be construed and enforced in accordance with the laws of the <br />State of Florida, without regard to principles of conflict of laws thereof. The location of any <br />action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade <br />County, in the State of Florida. <br /> <br />Luke's Landscaping Supplemental Work Order # I <br />Attorney/ Agrecments/pr <br /> <br />7 <br /> <br />S\B <br />
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