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If to the City: Alan J. Cohen With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins A venue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1702 If to the Consultant: Randi Freedman, President Logistics Management Group 16375 N.E. 18th Avenue, #327 North Miami Beach, Florida 33162 Tel: 305 949-2883 15. GOVERNING LAW: The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any legal action or proceeding commenced under or pursuant to this Agreement shall be in Miami- Dade County, Florida. 16. ARBITRATION: It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. 17. INSURANCE: Consultant shall, at its sole cost and expense, during the period of any work being performed under this Agreement, procure and maintain the following minimum insurance coverage to protect the City and Consultant against all loss, claims, damage and liabilities caused by Consultant, its agents, sub-Consultants or employees, as indicated below: o Comprehensive General liability insurance, including b~ contractual liability coverage for all operations, including, but not limited to, contractual, products, and completed operations, personal injury and property damage liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) aggregate. Insurance required of the Consultant shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City. Such insurance shall not diminish CIOII-069 Logistics Management Group Agreement for Jazz Fest October 2011 5