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<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
<br />other remedies available to it at law or in equity, to enjoin the Consultant in a court of equity for
<br />violating such provisions.
<br />
<br />] 4. NOTICES. All notices and communications hereunder shall be in writing and shall be
<br />deemed given \vhen sent postage prepaid by registered or certified mail, return receipt requested
<br />and, if intended for City one to A. John Szerlag, City Manager and one to Hans Ottinot, City
<br />Attorney, at City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida
<br />33160, and if intended for the Consultant, shall be addressed to Kathryn O'Leary Richards,
<br />11400 Southwest 101" Avenue, Miami, Florida 33176, (305) 790-764l phone and (305) 235-
<br />2886 fax.
<br />
<br />] 5. GOVERNING LA W. This Agreement shall be governed by and construed in accordance
<br />with the laws of the State of Florida.
<br />
<br />16. 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.
<br />
<br />l7. NON-DISCRIMINA TlON. The Consultant agrees to comply \vith all local and state civil
<br />rights ordinances and with Title VI of the Civij Rights Act of 1984 as amended, Title VIII of the
<br />Civil Rights Act of ] 968 as amended, Title ] of the Housing and Community Development Act
<br />of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with
<br />Disabilities Act of 1990, the Age Discrimination Act of ] 975, Executive Order I ] 063, and with
<br />Executive Order] l248 as amended by Executive Orders ll375 and l2086.
<br />
<br />The Consultant will not discriminate against any employee or applicant for employment because
<br />of 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
<br />affirmative action to insure that all employment practices are free from such discrimination.
<br />Such employment practices include but are not limited to the following: hiring, upgrading,
<br />demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor
<br />other forms of compensation, and selection for training, including apprenticeship. The
<br />Consultant agrees to post in conspicuous places, available to employees and applicants for
<br />employment, notices to be provided by the City setting forth the provisions of this non-
<br />discrimination clause.
<br />
<br />The Consultant agrees to comply with any Federal regulations issued pursuant to compliance
<br />with Section 504 of the Rehabilitation Act of 1973 (29 U.S.c. 708), which prohibits
<br />discrimination against the handicapped in any Federally assisted program.
<br />
<br />18. CONFLICT OF INTEREST. The Consultant agrees to adhere to and be governed by the
<br />Miami-Dade County Conflict of Interest Ordinance Section 2-ll.l, as amended; and by the City
<br />
<br />FINAl. I.andscape - O'l.eary Richards Design Assoc.. Inc.
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