|
<br />City of Sunny Isles Beach
<br />
<br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
<br />
<br />of the costs of arbitration and their respective attorneys' fees as may be determined by the
<br />court on confirmation.
<br />
<br />I O. WAIVER OF RIGHT TO JURY TRIAL. Each of the parties hereto hereby knowingly,
<br />voluntarily and intentionally, waive the right which any may have to a jury trial in respect of
<br />any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or
<br />in connection with this agreement or any course of conduct, course of dealing, statements
<br />(whether verbal or written) or actions of either of party.
<br />
<br />II. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the tenn of
<br />this Agreement or any time for a period of TEN (10) years subsequent to that date upon
<br />which the Consultant shall leave the employment of the City for any reason whatsoever,
<br />disclose .to any person or ~ntity, ot?er tha.n in the ?ischa:ge of t?e d~t~es of the Consul.tant # t- ~
<br />under thIS Agreement, any mformatIOn whIch the CIty deSIgnates m wntmg as "confidentlalf n1~<,d I.H...
<br />As a violation by the Consultant of the provisions of this Section could cause irreparable \~ . (j
<br />injury to the City and there is no adequate remedy at law for such violation, the City shall ~ '''or
<br />have the right, in addition to any other remedies available to it at law or in equity, to enjoin oW
<br />the Consultant in a court of equity for violating such provisions.
<br />
<br />12. NOTICES. All notices and communications hereunder shall be in writing and shall be
<br />deemed given when sent postage prepaid by registered or certified mail, return receipt
<br />requested and, if intended for City to A. John Szerlag, City Manager with a copy to Hans
<br />Ottinot, City Attorney, at City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles
<br />Beach, Florida 33160, and if intended for the Consultant, shall be addressed to Lori
<br />Flemming, Director, American Appraisal Associates, Inc., 8833 Westmoreland Lake Drive,
<br />Cornelius, North Carolina, 33780, Telephone (704) 439-2515. Mobile (704) 953-9780.
<br />
<br />13. GOVERNING LAW. This Agreement shall be governed by and construed in accordance
<br />with the laws of the State of Florida. Venue shall be in Miami-Dade County, Florida.
<br />
<br />14. 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 />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
<br />the Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community
<br />Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the
<br />Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive
<br />Order 11063, and with Executive Order 11248 as amended by Executive Orders 11375 and
<br />12086.
<br />
<br />The Consultant will not discriminate against any employee or applicant for employment
<br />because of race, color, creed, religion, ancestry, national origin, sex, disability or other
<br />4
<br />
<br />C0607-084 American Appraisal Associates, Inc. Consultant Agreement
<br />
|