|
<br />City of Sunny Isles Beach
<br />
<br />17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
<br />
<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 />16. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term
<br />of this Contract or any time for a period ofTen (10) years subsequent to that date upon which the
<br />Contractor 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 Contractor under this Contract,
<br />any information which the City designates in writing as "confidential." As a violation by the
<br />Contractor 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 Contractor in a court of equity for
<br />violating such provisions.
<br />
<br />17. 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, telephone 305/947-0606; fax 305/949-3113; and, if intended
<br />for Contractor, shall be addressed to Tenex Enterprises, Inc., 12452 Wiles Road, Coral Springs,
<br />Florida 33076; telephone3e5l-9~-7'-7;)?-lllt.'; to Engineer at Calvin, Giordano & Associates,
<br />Inc., Attention: Scott Gombar, Project Manager, 1800 Eller Drive, Suite 600, Ft. Lauderdale,
<br />FL 33316, telephone: 954/921-7781; fax: 954/921-8807.
<br />
<br />19. GOVERNING LAW. The validity of this Contract 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 Contract shall be in Miami-Dade
<br />County, in the S~ate of Florida.
<br />
<br />20. AUDIT. The Contractor shall make available to the City or its representative all required
<br />financial records associated with the Contract for a period of three (3) years.
<br />
<br />21. NON-DISCRIMINATION. The Contractor 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 11 063, and with
<br />Executive Order 11248 as amended by Executive Orders 11375 and 12086.
<br />
<br />The Contractor 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/family status, or status with regard to public assistance. The Contractor will take
<br />affirmative action to insure that all employment practices are free from such discrimination.
<br />7
<br />
<br />Tenex Construction Term Contract C
<br />Attomey/Contracts/ch
<br />
|