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<br />Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys'
<br />fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails
<br />on the whole, each party shall be responsible for a portion of the costs of arbitration. And their
<br />respective attorneys' fees as may be determined by the court on confirmation.
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<br />14. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of
<br />this Agreement or any time for a period of TEN (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 />15. 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, shall be addressed to it, to the attention of the Marla Sherman Dumas,
<br />Community Planning and Development Director, City of Sunny Isles Beach, 17070 Collins
<br />Avenue, Suite 250, Sunny Isles Beach, Florida 33160, Facsimile number (305) 949-3113, and
<br />if intended for the Consultant, shall be addressed to Paul S. Tischler, Tischler & Associates,
<br />Inc., 4701 Sangamore Road, Suite N210, Bethesda, Maryland, 20816, Facsimile number
<br />(301) 320-4860.
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<br />16. GOVERNING LAW. This Agreement shall be governed by and construed in accordance
<br />with the laws of the State of Florida.
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<br />17. 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.
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<br />18. NON-DISCRIMINATION. The Consultant agrees to comply with all local and state civil
<br />rights ordinances and with Title VI of the Civil Rights Act of 1984 as amended, Title VIII of the
<br />Civil Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act
<br />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 Consultant 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/familial status, or status with regard to public assistance. The Consultant 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,
<br />demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of payor
<br />other forms of compensation, and selection for training, including apprenticeship. The
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