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Reso 2010-1658
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Reso 2010-1658
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Last modified
6/3/2015 11:22:15 AM
Creation date
12/22/2010 11:09:07 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2010-1658
Date (mm/dd/yyyy)
12/16/2010
Description
Ground Lease/Dev Agmt/DesignBuild Agmt 4M Inv. Upscale Lifestyle Ctr
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<br />18.6 Should any part, term or provision of this Agreement be by the courts decided to be <br />invalid, illegal or in conflict with any law of the State, the validity of the remaining portion or <br />provision shall not be affected thereby. <br /> <br />ARTICLE 19 - NONDISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYMENT <br /> <br />19.1 During the performance of this Agreement, CONTRACTOR shall not discriminate <br />against any employee or applicant for employment because of race, religion, color, sex or national <br />origin. CONTRACTOR will take affirmative action to ensure that employees are treated during <br />employment, without regard to their race, creed, color or national origin. Such action must include, <br />but not be limited to the following: employment, upgrading; demotion or transfer; recruitment or <br />recruitment advertising, layoff or termination; rates of payor other forms of compensation; and <br />selection for training, including apprenticeship. CONTRACTOR shall agree to post in conspicuous <br />places, available to employees and applicants for employment, notices to be provided by the <br />contracting officer setting forth the provisions of this nondiscrimination clause. <br /> <br />19.2 CONTRACTOR shall comply with Executive Order 11246 of September 24, 1965, <br />entitled "Equal Employment Opportunity" as amended by Executive Order 11375 of October 13, <br />1967 and as supplemented in Department of Labor Regulations (41 CFR Part 60). <br /> <br />19.3 CONTRACTOR shall comply with the Copeland Anti-Kickback Act (18 USC 874) <br />as supplemented in Department of Labor Regulations (29 CFR Part 3). <br /> <br />19.4 CONTRACTOR shall comply with the Contract Work Hours and Safety Standards <br />Act (40 US 327-330) as supplemented by Department of Labor Regulations (29 CFR Part 5). <br /> <br />19.5 CONTRACTOR shall comply with the Florida Trench Safety Act. <br /> <br />19.6 CONTRACTOR shall comply with the OSHA Safety Act. <br /> <br />ARTICLE 20 - CONTINGENCY <br /> <br />20.1 CONTRACTOR agrees that this is an at-risk Agreement, which is contingent, and <br />that CITY shall not be responsible for any of the payment responsibilities in Article 5. The parties <br />also agree that Article 5 herein constitutes the Guaranteed Maximum Price that CITY will incur <br />under this Agreement, and that CONTRACTOR shall incur the risk of any cost overruns not <br />contemplated by Article 5. <br /> <br />(Intentionally Left Blank -Signature on Next Page) <br /> <br />36 <br />
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