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Reso 2002-502
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Reso 2002-502
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Last modified
7/9/2013 11:39:50 AM
Creation date
1/25/2006 1:57:12 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2002-502
Date (mm/dd/yyyy)
12/12/2002
Description
– Agmt w/Carroll Buracker & Assoc., Dev. Public Safety Master Plan, etc.
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<br />. .- <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />16. ARBITRATION. It is the intention of the parties that whenever possible, if a dispute or <br />controversy arises hereunder then such dispute or controversy shall be settled by arbitration in <br />accordance with the procedures, rules and regulations of the American Arbitration Association. <br />The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment <br />upon the award rendered by the arbitrator may be entered in any court having jurisdiction. <br />Arbitration shall be held in Miami-Dade County, Florida. The non-prevailing party shall pay all <br />costs of arbitration and attorneys' fees incurred by the parties or, if neither party prevails on the <br />whole, each party shall be responsible for a portion of the costs of arbitration and their respective <br />attorneys' fees as may be determined by the court on confirmation. <br /> <br />17. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term <br />of this Agreement or any time for a period ofTen (10) years subsequent to that date upon which <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 />18. 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 requested <br />and, if intended for City to Christopher J. Russo, City Manager, with a copy to Lynn M. <br />Dannheisser, City Attorney, City of Sunny Isles Beach, 17070 Collins Avenue, Suite 250, <br />Sunny Isles Beach, Florida 33160, and, if intended for Consultant, shall be addressed to Carroll <br />Buracker, President, 1881 College Avenue, Suite 100, Harrisonburg, VA 22802. Telephone <br />540/564-1500~ Fax <br /> <br />19. GOVERNING LAW. The validity of this Agreement and the interpretation and <br />performance of all of its terms shall be construed and enforced in accordance with the laws of the <br />State of Florida, without regard to principles of conflict of laws thereof. The location of any <br />action or proceeding commenced under or pursuant to this Agreement shall be in Miami-Dade <br />County, in the State of Florida. <br /> <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. <br /> <br />21. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state <br />civil rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII <br />of the Civil Rights Act of 1968 as amended, Title I of the Housing and Community Development <br />Act 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 1975, Executive Order 11063, and with <br />Executive Order 11248 as amended by Executive Orders 11375 and 12086. <br /> <br />7 <br /> <br />Police Consulting Agreement - Carroll Buracker & Assocs. <br />A:lch P-I <br />
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