10-2137 Continuing Professional Stormwater Services Consultant Agreement

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CONTRACTUAL SERVICES Page 14 of 20 is understood and agreed that in the event of such termination, all tracings, plans specifications, computer files, maps, and data prepared or obtained under this Agreement shall immediately be turned over to the City in conformity with the provisions of Paragraphs I.I., 4.D., 4.E. hereof. The Consultant shall be compensated for its services rendered up to the time of any such termination in accordance with Paragraph 7.A. hereof. The City reserves the right to terminate or cancel this Agreement in the event the Consultant shall be placed in either voluntary or involuntary bankruptcy or an assignment be made for the benefit of creditors. The City further reserves the right to suspend the qualifications of the Consultant to do business with the City upon any such conviction. 8. DISPUTE RESOLUTION: Claims, disputes or other matters in question between the parties to this Agreement shall be first subject to presuit .mediation prior to the filing of any legal claims or litigation. Presuit mediation is a condition precedent to litigation. The obligation to mediate is a material and essential provision of this Agreement. Unless otherwise agreed in writing, the Consultant shall carry on the Work and maintain its progress during any mediation or litigation and the City shall continue to make payments to the Consultant in accordance with the Agreement Documents. Either party may initiate a mediation proceeding by a request in writing to the other party within a reasonable time after the claim, dispute, or other matter in question has been put in writing to the other party, but in no event after the expiration of the applicable statute of limitations. The parties shall endeavor in good faith to mutually agree upon an acceptable mediator. In the event the parties have not agreed upon a mediator within thirty (30) days of the request for mediation, the Orlando office of the American Arbitration Association, upon the written request of either party shall appoint a mediator from its panel of approved mediators. Each party to bear its own fees, costs and expenses. In the event that presuit mediation is unsuccessful, all claims, disputes or other matters in question, shall be resolved in the Circuit Court of Seminole, County, Florida. The City and Consultant hereby knowingly, voluntarily and intentionally waive the right either may have to trial by jury in respect to any litigation based upon the Agreement, or arising out of, under or in connection with the Agreement, or any course of conduct, course or dealing, statements (whether oral or written) or actions of either party. 9. ASSIGNMENT AND SUBCONTRACTS: A. The Consultant shall maintain an adequate and competent professional staff so as to enable Consultant to timely perform under this Agreement and shall be authorized to do business within the State of Florida and may associate with it such subconsultants, for the purpose of its services hereunder, without additional cost to the City, other than those costs negotiated within the limits and terms of this Agreement. Consultant shall be responsible to the City for any Project Services furnished by any Consultant subcontractor to the same