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Reso 2004-641
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Reso 2004-641
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Last modified
7/1/2010 9:41:10 AM
Creation date
1/25/2006 1:57:33 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2004-641
Date (mm/dd/yyyy)
02/19/2004
Description
– Agmt w/Beiswenger, Hoch & Assoc., for Photogrammetric & Mapping Srvs.
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<br />11. Assie:nment. This Agreement shall be binding upon and shall inure to the benefit of the <br />City and to any and all of its successors and assigns, whether by merger, consolidation, transfer <br />of substantially all assets or any similar transaction. Notwithstanding the foregoing, this <br />Agreement is personal to the Consultant and it may not, either directly or indirectly, assign its <br />rights or delegate its obligations to City hereunder without first obtaining the City's consent in <br />writing. Any such attempted assignment or delegation shall be deemed of no legal force and <br />effect whatsoever. <br /> <br />12. Term. This Contract shall commence on within ten (10) days of notification and expire upon <br />completion, estimated to be six (6) to eight (8) weeks from date of commencement. This contract <br />may not be renewed. <br /> <br />13. Termination. This Agreement may be cancelled by the City, with or without cause, <br />upon thirty (30) days written notice to Consultant. This Contract shall be subject to immediate <br />termination jf the services do not comply the specifications stated herein or fails to meet the <br />City's performance standards. <br /> <br />14. Notices. All notices and other communications required or permitted to be given under this <br />Agreement by either party to the other shall be in writing and shall be sent (except as otherwise <br />provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt <br />requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by <br />facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, <br />first class postage prepaid, return receipt requested or by overnight delivery by traditionally <br />recognized courier service), addressed to such party as follows: if to the City to the attention of <br />Christopher J. Russo, City Manager, with a copy to Lynn M. Dannheisser, City Attorney, at <br />City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160, <br />and to Consultant at P.O. Box 1358, 1190 N.E. 163rd Street, Suite 203, North Miami Beach, <br />Florida 33160, Attention: Victor H. Guevara, Project Manager. <br /> <br />15. Governine: Law. The validity of this Agreement and the interpretation and performance of <br />all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, <br />without regard to principles of conflict of laws thereof. The location of any action or proceeding <br />commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of <br />Florida. <br /> <br />16. Remedies for Breach. Should Consultant fail to perform, City shall notify Consultant in <br />writing of such failure to perform and Consultant shall have thirty (30) days of receiving such notice <br />to cure such failure. If Consultant is unable to cure such failure to perform then City shall receive a <br />refund equal to the actual cost of a third party to cure such failure. The City may sue for damages in <br />circuit court. If City fails, refuses or is unable to perform any term of this agreement, City shall pay <br />for services rendered as of the date of termination. <br /> <br />City of Sunny Isles Beach 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />Beiswenger H()ch 2(,02 NPDES Permit Agreement <br />Attorneyl Agreemeni S - jb <br />2/13/2004 -10:45 AM <br /> <br />Page 4 of5 <br />
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