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<br />City of Sunny Isles Beach <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <br /> <br />accordance with the procedures, rules and regulations of the American Arbitration Association. <br />The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment <br />upon the award rendered by the arbitrator may be entered in any court having jurisdiction. <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. <br /> <br />11. CONFIDENTIAL INFORMATION. The Consultant shall not, either during the term <br />of 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 from violating such <br />proVISIOns. <br /> <br />12. NOTICES. All notices and other communications required or permitted to be given <br />under this Agreement by either party to the other shall be in writing and shall be sent (except as <br />otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return <br />receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier <br />service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by <br />certified or registered mail, first class postage prepaid, return receipt requested or by overnight <br />delivery by traditionally recognized courier service), addressed to such party as follows: <br /> <br />If to the City: A. John Szerlag With a copy to: <br /> City Manager Hans Ottinot, <br /> City of Sunny Isles Beach City Attorney <br /> 18070 Collins A venue City of Sunny Isles Beach <br /> Fourth Floor 18070 Collins A venue <br /> Sunny Isles Beach, Florida 33160 Fourth Floor <br /> Tel: (305)-792-1701 Sunny Isles Beach, Fl 33160 <br /> Tel: (305)-792-1702 <br />If to the Consultant: Eric Penfield, Regional Transportation Michael L. Davis, <br /> Planning Manager Vice President <br /> KEITH & SCHNARS, P.A. KEITH & SCHNARS, P.A. <br /> 6500 North Andrews A venue 6500 North Andrews A venue <br /> Fort Lauderdale, Florida 33309 Fort Lauderdale, Florida <br /> Tel: (954) 776-1616 33309 <br /> Fax (954) 771-7690 Tel: (954) 776-1616 <br /> Fax (954) 771-7690 <br /> <br />5 <br /> <br />C0708-014 KEITH & SCHNARS, P,A. AGREEMENT <br />