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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br />16.10 The Parties shall exchange a copy of all exhibits for the arbitration hearing and shall <br />identify each witness who will testify at the arbitration, with a summary of the anticipated <br />testimony of such witness ten (10) days before the arbitration hearing. <br />16.11 The arbitrator shall not be entitled to issue injunctive and other equitable relief. <br />16.12 The cost of the arbitration proceeding and any proceeding in court to confirm or to <br />vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys' <br />fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall <br />be awarded as part of the arbitrator's award. It is specifically understood and agreed that any party <br />may enforce any award rendered pursuant to the arbitration provisions of this Section by bringing <br />suit in any court of competent jurisdiction. The parties agree that the arbitrator shall have authority <br />to grant injunctive or other forms of equitable relief to any party. This Article shall survive the <br />termination or cancellation of this Contract. <br />16.13 Each party shall pay its own proportionate share of arbitrator fees and expenses <br />and the arbitration fees and expenses of AAA. The arbitrator shall be entitled to award the <br />foregoing arbitration and administrative fees and expenses as damages in his/her discretion <br />ARTICLE XVII <br />E -VERIFY <br />17.1 Florida Statute 448.095 directs all public employers, including municipal governments, <br />to verify the employment eligibility of all new public employees through the U.S. Department <br />of Homeland Security's E -Verify System, and further provides that a public employer may not <br />enter into a contract unless each party to the contract registers with and uses the E -Verify <br />system. Florida Statute 448.095 further provides that if a contractor enters into a contract with <br />a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the <br />subcontractor does not employ, contract with, or subcontract with an unauthorized alien. <br />In accordance with Florida Statute 448.095, Contractor is required to verify employee eligibility <br />using the E -Verify system for all existing and new employees hired by Contractor during the <br />contract term. Further, Contractor must also require and maintain the statutorily required <br />affidavit of its subcontractors. It is the responsibility of Contractor to ensure compliance with <br />E -Verify requirements (as applicable). To enroll in E -Verify, employers should visit the E - <br />Verify website (https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the <br />instructions. The contractor must retain the I-9 Forms for inspection, and provide the attached <br />E -Verify Affidavit, attached hereto as Attachment `B". <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement in <br />duplicate on the day and year first written above. <br />[ADDITIONAL SIGNATURE PAGE TO FOLLOW] <br />37 <br />