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<br />City of Sunny Isles Beach
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<br />17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
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<br />Consultant shall leave the employment of the City for any reason whatsoever, disclose to any person or
<br />entity, other than in the discharge of the duties of the Consultant under this Agreement, any
<br />information which the City designates in writing as "confidential." As a violation by the Consultant of
<br />the provisions of this Section could cause irreparable injury to the City and there is no adequate
<br />remedy at law for such violation, the City shall have the right, in addition to any other remedies
<br />available to it at law or in equity, to enjoin the Consultant in a court of equity for violating such
<br />provIsIons.
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<br />18. NOTICES. All notices and communications hereunder shall be in writing and shall be deemed
<br />given when sent postage prepaid by registered or certified mail, return receipt requested and, if
<br />intended for City to Christopher J. Russo, City Manager, with a copy to Lynn M. Dannheisser,
<br />City Attorney, City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, Sunny Isles Beach,
<br />Florida 33160, and, if intended for Consultant, shall be addressed to Beiswenger, Hoch & Associates,
<br />Inc., 1190 NE l63rd Street, Suite 203, North Miami Beach, Florida 33162, Attention: Victor H.
<br />Guevara, Project Manager.
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<br />19. 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,
<br />without regard to principles of conflict of laws thereof. The location of any action or proceeding
<br />commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of
<br />Florida.
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<br />20. AUDIT. The Consultant shall make available to the City or its representative all required
<br />financial records associated with the Agreement for a period of three (3) years.
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<br />21. 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 Civil
<br />Rights Act of 1968 as amended, Title I of the Housing and Community Development Act of 1974 as
<br />amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,
<br />the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as
<br />amended by Executive Orders 11375 and 12086.
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<br />The Consultant will not discriminate against any employee or applicant for employment because of
<br />race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,
<br />marital/family status, or status with regard to public assistance. The Consultant will take affirmative
<br />action to insure that all employment practices are free from such discrimination. Such employment
<br />practices include but are not limited to the following: hiring, upgrading, demotion, transfer,
<br />recruitment or recruitment advertising, layoff, termination, rates of payor other forms of
<br />compensation, and selection for training, including apprenticeship. The Consultant agrees to post in
<br />conspicuous places, available to employees and applicants for employment, notices to be provided by
<br />the City setting forth the provisions of this non-discrimination clause.
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<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 D.S.C. 708), which prohibits discrimination against
<br />the handicapped in any Federally assisted program.
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<br />BH&A Central Island Stormwater Consulting Agreement
<br />Attorney/ Agreementslch
<br />1/21/2004
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