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<br />City of Sunny Isles Beach
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<br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160
<br />(305) 947-0606 phone (305) 949-31 13 Fax
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<br />award rendered by the arbitrator may be entered in any COUlt having jurisdiction. Arbitration shall be
<br />held in Miami-Dade County, Florida. The non-prevailing party shall pay all costs of arbitration and
<br />attomeys' fees incul1'ed by the parties or, if neither party prevails on the whole, each patty shall be
<br />responsible for a portion of the costs of arbitration and their respective attomeys' fees as may be
<br />detelmined by the COUlt on confilmation.
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<br />18. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of this
<br />Agreement or any time for a period ofTen (10) years subsequent to that date upon which the Consultant
<br />shall leave the employment of the City for any reason whatsoever, disclose to any person or entity, other
<br />than in the discharge of the duties of the Consultant under this Agreement, any information which the
<br />City designates in writing as "confidential." As a violation by the Consultant of the provisions of this
<br />Section could cause it1'eparable injury to the City and there is no adequate remedy at law for such
<br />violation, the City shall have the right, in addition to any other remedies available to it at law or in
<br />equity, to enjoin the Consultant in a COUlt of equity for violating such provisions.
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<br />19. NOTICES. All notices and communications hereunder shall be in writing and shall be deemed
<br />given when sent postage prepaid by registered or celtified mail, return receipt requested and, if intended
<br />for City to A. John Szerlag, City Manager, with a copy to Hans Ottinot, City Attorney, City of
<br />Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FIOlida 33160, and, if intended for
<br />Consultant, shall be addressed to, The Mercer Group, Inc., 3443 Highway 39 North, Louisburg, NOlth
<br />Carolina 27549, Attention: Phillip G. Robertson, Senior Vice-President, Telephone: 919/496-2080;
<br />Fax: 919/496-7995.
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<br />20. GOVERNING LAW. The validity of this Agreement and the interpretation and performance
<br />of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida,
<br />without regard to principles of conflict of laws thereof. The location of any action or proceeding
<br />commenced under or pursuant to this Agreement shall be in Miami-Dade County, in the State of Florida.
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<br />21. 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 />22. 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 VIlI of the Civil
<br />Rights Act of 1968 as amended, Title 1 of the Housing and Community Development Act of 1974 as
<br />amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,
<br />the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11248 as
<br />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 of race,
<br />color, creed, religion, ancesl1y, national origin, sex, disability or other handicap, age, marital/family
<br />status, or status with regard to public assistance. The Consultant will take affirmative action to insure
<br />that all employment practices are free from such discrimination. Such employment practices include but
<br />are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment
<br />advertising, layoff, termination, rates of payor other forms of compensation, and selection for training,
<br />including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees
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<br />C0506-073 - Professional Services Agreement with The Mercer Group, Inc.
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