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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 />13. GOVERNING LAW. The law of the State of Florida shall govern this Agreement and venue
<br />for and any action shall be brought in Miami -Dade County, Florida. In the event of any litigation
<br />arising out of this Agreement or to settle issues arising hereunder, the prevailing party in such
<br />litigation shall be entitled to recover against the other party its costs and expenses, including
<br />reasonable attorneys' fees, which shall include any fees and costs attributable to appellate
<br />proceedings arising on and of such litigation
<br />14. AUDIT RECORDS. The Consultant shall make available to the City or its representative all
<br />required financial records associated with the Agreement for a period of THREE (3) years.
<br />15. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state civil
<br />rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the
<br />Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of
<br />1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities
<br />Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive
<br />Order 11248 as amended by Executive Orders 11375 and 12086. The Consultant will not
<br />discriminate against any employee or applicant for employment because of race, color, creed,
<br />religion, ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or
<br />status with regard to public assistance. The Consultant will take affirmative action to ensure that
<br />all employment practices are free from such discrimination. Such employment practices include
<br />but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or
<br />recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and
<br />selection for training, including apprenticeship. The Consultant agrees to post in conspicuous
<br />places, available to employees and applicants for employment, notices to be provided by the City
<br />setting forth the provisions of this non-discrimination clause.
<br />The Consultant agrees to comply with any Federal regulations issued pursuant to compliance with
<br />Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination
<br />against the handicapped in any Federally assisted program.
<br />16. INSURANCE. Consultant shall, at its sole cost and expense, during the period of any work
<br />being performed under this Agreement, procure and maintain the following minimum insurance
<br />coverages to protect the City and Consultant against all loss, claims, damage and liabilities caused
<br />by Consultant, its agents, consultants or employees, as more particularly set forth below:
<br />(a) Comprehensive General Liability Insurance: Consultant shall be required to purchase,
<br />maintain, and keep in full force, effect and good standing, Comprehensive General Liability
<br />Insurance with primary limits of One Million Dollars ($1,000,000.00) per occurrence, and Two
<br />Million Dollars ($2,000,000.00) aggregate during the initial and any renewal term of this
<br />Agreement. Coverage must be afforded on a form no more restrictive than the latest edition of
<br />the Comprehensive General Liability policy, without restrictive endorsements, as filed by the
<br />Insurance Services Office and must include:
<br />Marcum LLP
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