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<br />City of Sunny Isles Beach
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<br />18070 Collins A venue, Sunny Isles Beach, Florida 33 160
<br />(305) 947-0606 phone (305) 949-3 I I3 Fax
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<br />15. MODIFICATIONS OF WORK. The City reserves the right to make changes in the work,
<br />including alterations, reductions or additions thereto. Upon receipt of the City's notification of a
<br />contemplated change, the Contractor shall (I) if requested by the City, provide an estimate for the
<br />increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change
<br />in completion date, and (3) advise the City in writing if the contemplated change shall affect the
<br />Contractor's ability to meet the completion dates or schedules of this Agreement.
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<br />16. COORDINATION OF SERVICES. The City's representative/liaison during the performance
<br />of this Agreement shall be Susan Simpson, Cultm'al & Human Services Director whose phone
<br />number is 305/947-0606. Contractor shall not respond to requests for services under this Agreement
<br />unless the request is received directly from Susan Simpson, Cultural & Human Services Director, or
<br />designated personnel. Any requests received from other City departments/divisions shall be referred to
<br />Susan Simpson first for approval or if Susan Simpson is unavailable to the City Manager, A. John
<br />Szerlag for approval prior to the commencement of any work. Set'vices performed without
<br />authorization by Susan Simpson, Cultural & Human Services Director, or the City Manager, A.
<br />John Szerlag, shaH be considered unauthorized and shaH not be compensated/paid by the City.
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<br />17. 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. The
<br />decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the
<br />award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be
<br />held in Miami-Dade County, Florida. The non-prevailing party shall pay all costs of arbitration and
<br />attorneys' fees incurred by the parties or, if neither party prevails on the whole, each party shall be
<br />responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be
<br />determined by the court on confirmation.
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<br />18. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term of this
<br />Agreement or any time for a period of Ten (10) years subsequent to that date upon which the Contractor
<br />shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other
<br />than in the discharge of the duties of the Contractor under this Agreement, any information which the
<br />City designates in writing as "confidential." As a violation by the Contractor of the provisions of this
<br />Section could cause irreparable injury to the City and there is no adequate remedy at law for such
<br />violation, the City shall have the right, in addition to any other remedies available to it at law or in
<br />equity, to enjoin the Contractor in a cOUl1 of equity for violating such provisions.
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<br />19. NOTICES. All notices and communications hereunder shall be in writing and shall be deemed
<br />given when sent postage prepaid by registered or cel1ified mai I, return receipt requested and, if intended
<br />for City to A. John. Szet'lag, City Manager, with a copy to Hans Ottinot, City Attorney, City of
<br />Sunny Isles Beach, ] 8070 Collins Avenue, Sunny Isles Beach, Florida 33160, and, if intended for
<br />Contractor, shall be addressed to, Nutting Engineers of Florida, Inc., 8175 West 32nd A venue, Suite 2,
<br />Hialeah, FL 330 I 8 Attention: Richard C. Wohlfarth, Principal/Director of Engineering, Telephone:
<br />305/557-3083; Fax: 305/824-8827.
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<br />20. GOVERNING LAW. The validity of this Agreement and the interpretation and performance
<br />of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida,
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<br />Construction Materials Testing & Special/threshold Inspection Services
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