Reso 2026-3998 - Laserfiche WebLink

Home Browse Search

City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by City. 13. LIMITATION OF LIABILITY. Notwithstanding anything to the contrary in this Agreement, the parties agree as follows: A. The Contractor shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of revenue, data, or equipment use, arising out of or related to the performance of Services under this Agreement. B. The Contractor shall not be liable for any cyber-security claim deriving from Services performed under this Agreement. C. The City assumes full responsibility for any lawsuits, claims, penalties, or enforcement actions arising from or related to the City's compliance or alleged non- compliance with federal, state, or local accessibility requirements (including but not limited to Americans with Disabilities Act ("ADA") compliance) or public records, open meetings, and governmental transparency requirements (including but not limited to Florida Sunshine Law compliance). The Contractor shall have no responsibility or liability for and shall not be required to defend or indemnify the City against any such lawsuits, claims, or associated damages, costs, or fees. D. The parties acknowledge that this limitation of liability represents an agreed -upon allocation of risk and forms an essential part of the consideration exchanged between the parties. 14. JURISDICTION, VENUE AND WAIVER OF JURY TRIAL. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida without regard to its conflicts of law provisions. All parties agree and accept that jurisdiction of any dispute or controversy arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to enforce any term or provision under this Agreement and the City is the prevailing party then the City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. 15. NOTICES. All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as FULL MOON CREATIVE, LLC