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Reso 2019-2994
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Reso 2019-2994
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Last modified
11/25/2019 3:41:19 PM
Creation date
9/26/2019 2:34:05 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2019-2994
Date (mm/dd/yyyy)
09/19/2019
Description
Awd. RFP No. 19-07-02 to, and Approving an Agreement with, Jacober & Associates, Inc. d/b/a Jacober Creative to provide Re-Branding Svs
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10, JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall <br /> be interpreted and construed in accordance with and governed by the taws of the State.of Florida <br /> An parties agree and accept that jurisdiction of any dispute or controversy arising out of this <br /> Agreement, and any .action involving the enforcement or interpretation of any rights hereunder <br /> shall bc brought exclusively-in the Eleventh Judicial Circuit in a.nd for Miami Dade County, <br /> Florida, and venue for litigation arising out of this Agreemmt shall be exclusively in such slate <br /> courts. forsaking any other jurisdictio•ri which either party may claim by Virtue or OS residency or <br /> other jurisdictional device, In the MEM it 'becomes necessary for the City to file a lawsuit to <br /> enforce any term or provision under this A,greernent and the City is the pr- ailing pany then the <br /> City shall be entitled to itscosts and attorney's fees al the pretrial, trial and appellate :levels BY <br /> ENTERING 'INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY <br /> WAIVE ANY RICIPITS :EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY <br /> CIVIL LITIGATION RELATED TO THIS AGREEMENT.: Nothing in this Agreement is <br /> intended to serve as a waiver of sovereign immunity„ or of any other immunity, defense, or <br /> privilege enjoyed by the City pursuant to,Section 768.28, Florida Statutes. <br /> II, :NOTICE-S. All notices .andother 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 gtivarneed overnight delivery by a nationally recogized courier <br /> service, or (iil) by facsimile with confirmalion receipt (with e copy simultaneously stqtt by <br /> oertified or registered mail, frst clam. posiage'prvpaid, return receipt requested or by overnight <br /> delivery by'traditionally recognized courier service), addressed to such party as follows:. <br /> If to the Cityi,terJ Russo. 'With.a copy to <br /> City Manager Edward A. Dion <br /> City of Sunny Isles:each City Attorney <br /> :18070 Collins Avenue City of Sunny Isles Beath <br /> Fourth Floor I 8070 Collins Avenue <br /> Sunny Wes Beach, Florida 33160 Fourth Moor <br /> Tel: (30.5)792,-1776 Sunny lsle_s Beach,.Florida 331.60 <br /> TeL (305).792-1766 <br /> If b ibe Paul Jacober Robert O. Kahn, P,A. <br /> Contractor: Jacober It Associates, Inc. 4522 Sheridan,Avenue <br /> Principal &Creative Director Mm.i Death,FL. 33 I 40 <br /> 690 Lincoln Road, Suite 201 • (7&6)232-4806 <br /> Miami :Beach, FL 331139 •roklaw(ighellsontb_net <br /> •u11 *Qbenopirn <br /> 'PliftLIC_RECORDS. The Contractor shall be required to comply with the following <br /> requirements under Florida's.Public Records Law: <br /> (i.).Conttnelor Shall keep and mintain public records requireol by the City to perform the <br /> service <br /> (IL) Upon request from the City, Contractor shall provide the City .with a copy of the <br /> requested .records or allow the records to be inspected or copied within a reasonable time at a <br /> cost that does not exceed the cost provided by Chapter 119, Florida. Statutes, or as oliflicrwise <br /> provided by law., <br /> Contractor shall ensure that public records that are exempt or confidential. and <br /> exempt from public records disclosure requirements are not disclosed except as authorized by <br />
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