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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 />for the purposes of set-off until such time as the exact amount of damages due <br />the City from the Consultant is determined. <br />B. Termination for Convenience of City. The City may, for its convenience and <br />without cause terminate the Services then remaining to be performed at any time <br />by giving Consultant ten (10) days written notice. The terms of Paragraph 8 A(i) <br />and A(ii) above shall be applicable hereunder. <br />C. Termination for Insolvency. The City also reserves the right to terminate the <br />remaining Services to be performed in the event the Consultant is placed either in <br />voluntary or involuntary bankruptcy or makes any assignment for the benefit of <br />creditors. <br />9. E-VERIFY. Florida Statute 448.095 directs all public employers, including municipal <br />governments, to verify the employment eligibility of all new public employees through the U.S. <br />Department of Homeland Security's E-Verify System, and further provides that a public employer <br />may not enter into a contract unless each party to the contract registers with and uses the E-Verify <br />system. Florida Statute 448.095 further provides that if a Contractor enters into a contract with a <br />subcontractor, the subcontractor must provide the Contractor with an affidavit stating that the <br />subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In <br />accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility <br />using the E-Verify system for all existing and new employees hired by Contractor during the <br />contract term. Further, Contractor must also require and maintain the statutorily required affidavit <br />of its subcontractors. It is the responsibility of Contractor to ensure compliance with E-Verify <br />requirements (as applicable). To enroll in E-Verify, employers should visit the E-Verify website <br />(https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. The <br />Contractor must retain the I-9 Forms for inspection, and provide the attached E-Verify Affidavit, <br />attached hereto as Attachment "C". <br />10. GOVERNING LAW AND ATTORNEYS FEES. It is agreed that this Agreement <br />shall be governed by, construed and enforced in accordance with the laws of the State of Florida. <br />Venue for any legal proceeding shall be in Miami Dade County, Florida. In the event it becomes <br />necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and <br />the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the <br />pretrial, trial and appellate levels. <br />11. CONFIDENTIAL INFORMATION. The Consultant 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 Consultant 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 Consultant under this Agreement, <br />any information which the City designates in writing as "confidential." As a violation by the <br />Consultant 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 other <br />remedies available to it at law or in equity, to enjoin the Consultant from violating such <br />provisions. <br />2022-7794 — Architects Design Group <br />