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Add No 3
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(17-05-01) City Wide Landscape Maintenance Services
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Add No 3
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6/29/2017 10:00:02 AM
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Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' <br />fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails <br />on the whole, each party shall be responsible for a portion of the costs of arbitration and their <br />respective attorneys' fees as may be determined by the court on confirmation. <br />15. 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 court of equity for <br />violating such provisions. <br />16. 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:Chief Fred A. Mass With a copy to: <br />Acting City Manager Hans Ottinot <br />City of Sunny Isles Beach City Attorney <br />18070 Collins Avenue City of Sunny Isles Beach <br />Fourth Floor 18070 Collins Avenue <br />Sunny Isles Beach, Florida 33160 Fourth Floor <br />Tel: (305) 792-1701 Sunny Isles Beach,Florida 33160 <br />Tel: (305) 792-1702 <br />If to the Jerry Palazzolo <br />Contractor: President <br />Lukes' Landscaping, Inc., d/b/a <br />Lukes-Sawgrass Landscape, Inc. <br />2200 North 30th Road <br />Hollywood, FL 33021 <br />Tel: (954)431-1111 <br />17. GOVERNING LAW. This Agreement shall be governed by and construed in <br />accordance with the laws of the State of Florida. <br />18. AUDIT. The Contractor shall make available to the City or its representative all required <br />financial records associated with the Agreement for a period of THREE(3)years. <br />C1112-057—LUKES-SAWGRASS LANDSCAPING Page 6 of 8
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