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<br />parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party
<br />shall be responsible for a portion of the costs of arbitration. And their respective attorneys' fees as may
<br />be determined by the court on confirmation.
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<br />14. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of this
<br />Agreement or any time for a period of TEN (10) years subsequent to that date upon which the
<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 />15. 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 one to the Office of the City Manager and one to Hans Ottinot, City Attorney, at
<br />City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160, and if
<br />intended for the Consultant, shall be addressed to Collin Baenziger, 12970 Dartford Trail, Suite 8,
<br />Wellington, FL 33414.
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<br />16. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with
<br />the laws of the State of Florida.
<br />
<br />17. 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 />18. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state civil rights
<br />ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the Civil Rights
<br />Act of 1968 as amended, Title 1 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/familial 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.
<br />
<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 against
<br />the handicapped in any Federally assisted program.
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<br />Collm Baen=iger & Associates
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<br />SIB
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