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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 305) 947-0606 phone (305) 949-3113 Fax necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. 10. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of this Agreement or any time for a period of ten (10) years subsequent to that date upon which the Consultant shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other than in the discharge of the duties of the Consultant under this Agreement,. any information which the City designates in writing as "confidential." As a violation by the Consultant of the provisions of this Section could cause irreparable injury to the City and there is no adequate remedy at law for such violation,the City shall have the right,in addition to any other remedies available to it at law or in equity, to enjoin the Consultant from violating such provisions. 11. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested,(ii)by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Christopher J. Russo With a copy to: City Manager Ed Dion City of Sunny Isles Beach City Attorney 18070 Collins Avenue, 4th Floor City of Sunny Isles Beach Sunny Isles Beach, Florida 33160 18070 Collins Avenue,4th Floor Tel: (305) 792-1776 Sunny Isles Beach,Florida 33160 Tel: (305) 792-1766 If to the Michael Sileno, PE, Principal Consultant: Hardesty &Hanover, LLC. 1000 Sawgrass Corporate Pkwy. Suite 544 Sunrise, FL, 33323 12. AUDIT:: The Consultant shall make available to the City or its representative all required financial records associated with the Agreement for a period of three (3)years. 13. PUBLIC RECORDS. The Consultant shall be required to comply with the following requirements under Florida's Public Records Law: i.)Consultant shall keep and maintain public records required by the City to perform the service. 5 Hardesty&Hanover,LLC. F-42