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Reso 2018-2878
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Reso 2018-2878
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Last modified
9/19/2019 2:30:43 PM
Creation date
10/31/2018 4:13:21 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2018-2878
Date (mm/dd/yyyy)
10/18/2018
Description
Approve First Amendment w/Team Contracting for Sidewalk Repairs
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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 /> shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, <br /> - Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state <br /> courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or <br /> . other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to <br /> enforce any term or provision under this Agreement and the City is the prevailing party then the <br /> • City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY <br /> ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY <br /> WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL <br /> LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to <br /> serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed <br /> by the City pursuant to Section 768.28, Florida Statutes. <br /> 13. 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 City of Sunny Isles Beach <br /> Fourth Floor 18070 Collins Avenue <br /> Sunny Isles Beach, Florida 33160 Fourth Floor <br /> Tel: (305) 792-1776 Sunny isles Beach, Florida 33160 <br /> Tel: (305) 792-1766 <br /> If to the Rodolfo L. Ayan <br /> Contractor: Vice President <br /> Team Contracting inc. <br /> 13911 SW 42"d Street, Suite #209 <br /> Miami, Fl 33175 <br /> Tel: (305) 207-9799 <br /> Fax: (305) 207-9790 <br /> E-mail: rayan@team-contracting.com <br /> 14. PUBLIC RECORDS. The Contractor shall be required to comply with the following <br /> requirements under Florida's Public Records Law: <br /> (i.) Contractor shall keep and maintain public records required by the City to perform the <br /> service. <br /> (ii.) Upon request from the City, Contractor shall provide the City with a copy of the <br /> requested records or allow the records to be inspected or copied within a reasonable time at a cost <br /> that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided <br /> by law. <br /> (iii.) Contractor shall ensure that public records that are exempt or confidential and exempt <br /> from public records disclosure requirements are not disclosed except as authorized by law for the <br /> 6780-081 TEAM CONTRACTING INC. 7 <br />
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