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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 />If to the City: A. John Szerlag Hans Ottinot, Esq. <br /> City Manager City Attorney <br /> City of Sunny Isles Beach City of Sunny Isles Beach <br /> 18070 Collins Avenue 18070 Collins Avenue <br /> Sunny Isles Beach, Florida 33160, Sunny Isles Beach, Florida 33160. <br /> Ph: 305-792-1701 Ph: 305-792-1712 <br /> Fax: 305-792-1561 Fax: 305-792-1562 <br />I f to the Contractor: John W. Lark, CEO <br /> JCA Software, Inc, <br /> 5366-B Venetia Court <br /> Boynton Beach, Florida 33437 <br /> Ph: 561-736-4020 <br /> Fax: 561-736-6622 <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 <br />notity Contractor in writing of such failure to perform and Contractor shall have thilty (30) days of <br />receiving such notice to cure such failure. If Contractor is unable to cure such failure to perform, then <br />City shall receive a refund from the Contractor in an amount equal to the actual cost of a third palty to <br />cure such failure, The City may sue for damages in circuit court. If City fails, refuses or is unable to <br />perform any term of 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 the <br />event suit or action is instituted to enforce any of the terms or conditions of this agreement, the losing <br />party shall pay to the prevailing patty, in such suit or action in both trial COlllt and appellate co lilt, <br />together with reasonable attorney's fees for the anticipated cost of collection and judgment 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 neveltheless be binding <br />upon the palties with the same effect as though the void or unenforceable provisions had been severed <br />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 />C. This Agreement shall constitute the entire agreement between the palties with respect to <br />the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written <br />negotiations, commitments, agreements and understanding relating hereto, <br /> <br />4 <br /> <br />C0506-43 JCA Software, Inc. Data Migration Consulting Agreement <br /> <br />SIB <br />