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<br />City of Sunny Isles Beach
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<br />17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-3113 Fax
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<br />16. ATTORNEY'S FEES. If this matter is placed in the hands of an attorney for
<br />collection, or in the event suit or action is instituted to enforce any of the terms or conditions of
<br />this agreement, the losing party shall pay to the prevailing party, in such suit or action in both
<br />trial court and appellate court, together with reasonable attorney's fees for the anticipated cost of
<br />collection and judgment enforcement.
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<br />17. CONFIDENTIAL INFORMATION. The Contractor shall not, either during the term
<br />of this Agreement or any time for a period of Ten (10) years subsequent to that date upon which
<br />the 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 Agreement,
<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.
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<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 Contractor, shall be addressed to ADT
<br />Security Systems, Inc., 7747 N.W. 48th Street, Bldg D, Suite 160, Miami, FL 33166 (Phone No.
<br />786-331-3987 or 239-633-6185, Attention: Bret J. Abraham.
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<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.
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<br />20. AUDIT. The Contractor 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.
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<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 11063, and with
<br />Executive Order 11248 as amended by Executive Orders 11375 and 12086.
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<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 />Such employment practices include but are not limited to the following: hiring, upgrading,
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<br />ADT Security, Inc,
<br />Attorney/ Agreements/jb
<br />10/14/2004
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<br />8/0
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