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CONSULTANT AGREEMENT THIS CONSULTANT AGREEMENT, made this day of 2012 by and between ALAN J. COHEN (hereinafter "Consultant ") and the CITY OF SUNNY ISLES BEACH (hereinafter "City "): WITNESSETH: WHEREAS, Consultant has been employed by City for approximately one (1) year and has held the position of City Manager; and WHEREAS, during his tenure, Consultant has gained extensive knowledge of the City's administrative operations and current capital improvement projects; and WHEREAS, the City wishes to retain Consultant's services on an as needed basis throughout the term of this Consultant Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements as hereinafter set forth, Consultant and City agree as follows: 1. Services: Consultant shall assist on as needed basis with capital projects that were commenced during his employment with the City. 2 Term: The Agreement is effective June 20, 2012. The initial term of this Agreement shall be for six (6) months commencing June 20, 2012 and shall expire on December 20, 2012. At the conclusion of this initial six month term, the Agreement shall automatically renew for a three (3) month term unless this Agreement is terminated earlier pursuant to Section 4 herein. 3. Compensation: Consultant shall be paid his regular salary as City Manager, minus the customary benefits, based on the payment schedule set forth in the General Acknowledgement, Waiver and Release. If this Agreement is terminated, Consultant shall be entitled to full payment of any funds due under the General Acknowledgement, Waiver and Release. All payments to the Consultant shall be made through the City's payroll system except the lump sum payment which maybe paid by other means. During the renewal term of three (3) months, Consultant shall be paid only his regular salary subject to all applicable taxes. No other payment shall be made to the Consultant for the renewal term. 4. Termination: This Consultant Agreement may be terminated by either party upon 15 (fifteen) days written notice to the other party. 5. Indemnification: Consultant agrees to indemnify, defend and hold harmless the City, and its officers, agents, representatives, volunteers and employees from any and all loss or damage, and from any and all suits, actions and claims filed or brought by any person or persons, however caused, arising out of Consultant's negligent performance or failure to perform, any and all things necessary to and required to be done by Consultant, pursuant to the specifications in this Agreement. Exhibit "A" Cohen Consultant Agreement