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<br />City of Sunny Isles Beach <br /> <br />18070 Collins Avenue, Sunny Islcs Beach, Florida 33160 <br />(305)-947-0606-phone (305)-949,3 I 13. Fax <br /> <br />default. If the dcfau1t rcmains uncured after ten (10) days the City may tcrminate <br />this Agreement. <br /> <br />(i.) In thc event of termination, all finished and unfinishcd documents, data and <br />other work product prepared by Consultant (and sub consultant(s)) shall be <br />dclivercd to thc City and the City shall compensatc thc Consultant for all <br />Serviccs satisfactorily performed prior to the date of termination, as provided <br />in Paragraph 4 hercin. <br /> <br />(iL) Nothwithstanding the foregoing, the Consultant shall not be relieved of <br />liability to the City for damagcs sustained by it by virtue of a breach of the <br />Agreement by Consultant and the City may reasonably withhold payment to <br />Consultant for the purposes of set-off until such time as thc exact amount of <br />damages due the City from the Consultant is determined. <br /> <br />B. <br /> <br />Termination for Convenience of City. The City may, for its conveniencc and <br />without cause terminate the Scrvices then remaining to be performed at any time <br />by giving Consultant ten (10) days written noticc. The terms of Paragraphs A(i) <br />and A(ii) shall be applicable hereunder. <br /> <br />C. Termination for Insol vcncy. The City also reserves the right to terminate the <br />remaining Services to be performcd in the cvent the Consultant is placed either in <br />voluntary or involuntary bankruptcy or makes any assignment for the benefit of <br />creditors. <br /> <br />10. ARBITRATION. It is the intention of the partics that whenever possible, if a (\isputc <br />or controversy arises hereundcr then such dispute or controversy shall be scttled by <br />arbitration in accordance with the procedures, rules and regulations of thc American <br />Arbitration Association. The decision rendcred by the Arbitrator shall be final and binding <br />upon the partics and judgment upon the award rcndered by the arbitrator may be entered in <br />any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All <br />costs of arbitration and attorneys' fees incurred by the parties shall be paid by thc non- <br />prevailing party or, if neither party prevails on thc whole, each party shall be responsible for <br />a pOl1ion of the costs of arbitration and their respective attorncys' fees as may be detelmined <br />by the court on confirmation. <br /> <br />II. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term of <br />this Agreement or any time for a period of TEN (10) years subsequcnt to that datc upon <br />which the Consultant shall leave the employment of the City for any rcason whatsocver, <br />disclose 10 any person or entity, other than in the dischargc of the dutics of the Consultant <br />under this Agreement, any information which the City designates in writing as "confidential." <br />As a violation by the Consultant of the provisions of this Section could cause irreparable <br />injury to the City and there is no adequate remedy at law for such violation, the City shall <br /> <br />4 <br /> <br />C0607-027 O'Leary Richards DesignAssociatcs, Inc.Consultant Agreement <br /> <br />\:.~~ <br />\.~~~ ';! ;.-,~ <br /> <br />(' \ n <br />d D <br />