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<br />City of Sunny Is/es Beaell <br /> <br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947-0606 phone (305) 949-3113 Fax <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 Ave, City of Sunny Isles Beach <br /> Sunny Isles Beach, Florida 33160, 18070 Collins Avenue <br /> Ph: 305-947-0606 Sunny Isles Beach, Florida 33160, <br /> Ph: 305-947-0606 <br />If to the Contractor: Jose G, Garcia <br /> Vice President <br /> Rogar Management & Consulting <br /> of Florida, LLC <br /> P,O, Box 164336 <br /> Miami, FL 331/6 <br /> (305) 962-8641 <br /> <br />13. 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 legal action or proceeding <br />commenced under or pursuant to this Agreement shall be in Miami-Dade County, Florida, <br /> <br />14, REMEDIES FOR BREACH: Should Contractor fail to perform, City shall notify Contractor <br />in writing of such failure to perform and Contractor shall have thirty (30) days of receiving such notice <br />to cure such failure, If Contractor is unable to cure such failure to perform, then City shall receive a <br />refund from the Contractor in an amount equal to the actual cost of a third party to cure such failure, <br />The City may sue for damages in circuit court, If City fails, refuses or is unable to perform any term of <br />this Agreement, City shall pay for services rendered as of the date of termination, <br /> <br />15. ATTORNEY'S FEES: If this matter is placed in the hands of an attorney for collection, or in <br />the event suit or action is instituted to enforce any of the terms or conditions of this agreement, the <br />losing party shall pay to the prevailing party, in such suit or action in both trial court and appellate <br />court, together with reasonable attorney's fees for the anticipated cost of collection and judgment <br />enforcement. <br /> <br />16, MISCELLANEOUS: <br /> <br />A. In the event any provision of this Agreement is found to be void and unenforceable by a <br />court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be <br />binding upon the parties with the same effect as though the void or unenforceable provisions had been <br />severed and deleted, <br /> <br />B. This Agreement may be executed in multiple identical counterparts, each of which shall <br />be deemed an original for all purposes, <br /> <br />5 <br /> <br />C0607-001 Rogar Management & Consulting Services Agreement <br /> <br />SIB <br />