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Reso 2021-3256
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Reso 2021-3256
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Last modified
10/28/2021 12:03:09 PM
Creation date
10/28/2021 11:17:58 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2021-3256
Date (mm/dd/yyyy)
10/21/2021
Description
Approving an agreement w/ Szabo Artworks, Inc. for the design & construction of a custom art fountain sculpture for Meditation Garden at Town Cntr Prk
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thereby to the extent the remainder of the terms, covenants, conditions or provisions of this <br />Agreement are capable of execution. <br />Article 17. Choice of Law <br />This contract shall be governed by the laws of the State of Florida both as to interpretation <br />and performance. <br />Article 18. Entire Agreement <br />This Agreement, including the exhibits, comprises all of the covenants, promises, agreements <br />and conditions between the Parties. No verbal agreements or conversation between the <br />Parties prior to the execution of this Agreement shall affect or modify any of the terms or <br />obligation. <br />Article 19. Public Records <br />The Artist shall comply with all applicable requirements contained in the Florida Public <br />Records Law (Chapter 119, Florida Statutes), including but not limited to any applicable <br />provisions in Section 119.0701, Florida Statutes. To the extent that the Artist and this <br />Agreement are subject to the requirements in Section 119.070 1, Florida Statutes, the Artist <br />shall: (a) keep and maintain public records required by the City to perform the services <br />provided hereunder; (b) upon request from the City's custodian of public records, provide <br />the City with a copy of the requested records or allow public records to be inspected or <br />copied within a reasonable time at a cost that does not exceed the cost provided in Chapter <br />119, Florida Statutes, or as otherwise provided by law; (c) ensure that public records that <br />are exempt or confidential and exempt from public records disclosure requirements are not <br />disclosed, except as authorized by law for the duration of the term of this Agreement and <br />following completion of this Agreement if the Artist does not transfer the records to the <br />City; and (d) upon completion of the Agreement, transfer, at no cost, to the City all public <br />records in the possession of the Artist or keep and maintain public records required by the <br />City to perform the service. If the Artist transfers all public records to the City upon <br />completion of the Agreement, the Artist shall destroy any duplicate public records that are <br />exempt or confidential and exempt from public records disclosure requirements. If the <br />Artist keeps and maintains public records upon completion of the Agreement, the Artist <br />shall meet all applicable requirements for retaining public records. All records stored <br />electronically must be provided to the City, upon request from the City's custodian of <br />public records, in a format that is compatible with the information technology systems of <br />the City. If the Artist fails to comply with the requirements in this Article 19, the City may <br />enforce these provisions in accordance with the terms of this Agreement. If the Artist fails <br />to provide the public records to the City within a reasonable time, it may be subject to <br />penalties under Section 119. 10, Florida Statutes. <br />IF THE ARTIST HAS QUESTIONS REGARDING THE APPLICATION <br />OF CHAPTER 119, FLORIDA STATUTES, TO THE ARTIST'S DUTY TO <br />PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE <br />ARTIST SHOULD CONTACT THE CITY'S CUSTODIAN OF PUBLIC <br />RECORDS: THE CITY CLERK, MAURICIO BETANCUR, BY <br />TELEPHONE (305/792-1703), E-MAIL (MBETANCUR@SIBFL.NET), OR <br />11 <br />
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