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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 />Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state
<br />courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or
<br />other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to
<br />enforce any term or provision under this Agreement and the City is the prevailing party then the
<br />City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY
<br />ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY
<br />WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
<br />LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to
<br />serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed
<br />by the City pursuant to Section 768.28, Florida Statutes.
<br />19. COMPLIANCE WITH LAW. Contractor shall comply with all laws, regulations and
<br />ordinances of any federal, state, or local governmental authority having jurisdiction with respect
<br />to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits,
<br />licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
<br />under this Agreement.
<br />20. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
<br />prevail and be given superior effect and priority over any conflicting or inconsistent term,
<br />statement, requirement, or provision contained in any other document or attachment, including but
<br />not limited to Contractor's proposal attached hereto as Attachment "A."
<br />21. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not
<br />subcontract, assign, or transfer any work under this Agreement without the prior written consent
<br />of the City. Should the Contractor subcontract any services under this Agreement, it shall be done
<br />with continued liability for the Contractor. The Contractor shall remain responsible for services,
<br />responsibilities, and liabilities of any person or entity acting under Contractor.
<br />22. NON-DISCRIMINATION. The Contractor 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 Contractor 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 Contractor will take affirmative action to insure 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 Contractor 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. The Contractor agrees to comply
<br />with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation
<br />Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any
<br />Federally assisted program.
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