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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 />27. Public Entity Crime. "A person or affiliate who has been placed on the convicted <br />vendor list following a conviction for public entity crime may not submit a proposal on a <br />contract to provide any goods or services to a public entity, may not submit a proposal on a <br />contract with a public entity for the construction or repair of a public building or public work, <br />may not submit proposals on leases of real property to public entity, may not be awarded or <br />perform work as a OSS, supplier, subOSS, or consultant under a contract with any public entity, <br />and may not transact business with any public entity in excess of the threshold amount provided <br />in Section 287.017, for CATEGORY TWO for a period of 36 months from the <br />date of being placed on the convicted vendor list". By execution of this Agreement, OSS <br />warrants that it is in compliance with this requirement. <br /> <br />28. Complete Agreement. The terms and conditions of this Agreement, together with <br />any attachments and schedules attached hereto or referenced herein, constitute the final, <br />complete, and exclusive understanding between the parties with respect to the subject matter of <br />this Agreement and supersede all prior and contemporaneous agreements and understandings, <br />inducements or conditions, expressed or implied, oral or written. <br /> <br />29. Arbitration and Mediation. The merits of any dispute arising under, out of, in <br />connection with, or in relation to this agreement, or the making or validity thereof, or its <br />interpretation, or any breach thereof, shall be determined and settled by Arbitration before an <br />Arbitrator in the State of Florida, pursuant to the Commercial Arbitration Rules then <br />obtaining of the American Arbitration Association. If the parties hereto are unable to <br />agree upon the selection of an arbitrator, such arbitration shall be held before the American <br />Arbitration Association. Any award rendered shall be final and conclusive upon the parties <br />hereto and a judgment thereon may be entered in the highest court of the State of Florida having <br />jurisdiction. <br /> <br />Before submitting a dispute to Arbitration, the parties shall first attempt to resolve the <br />dispute amicably. In the event that the parties hereto are unable to resolve the dispute amicably, <br />either party may give notice for a Mediation session before a Mediator appointed by mutual <br />agreement (hereinafter the "Mediator"). If the parties are unable to agree upon the selection <br />of a mediator, such mediation shall be held before the American Arbitration Association. The <br />Mediator shall make a recommendation to the parties in the form of a written mediated <br />settlement agreement. Each party to the dispute shall sign such agreement after receipt of <br />the same or immediately file a demand for Arbitration, in which event the parties shall proceed <br />to Arbitration in accordance with the previous paragraph. <br /> <br />All costs of the Arbitration, including Mediation and the legal action to confirm and <br />enforce the arbitrator's award, as the case may be, including the reasonable legal fees of both <br />parties shall be paid by the non-prevailing party, or, if neither party prevails on the whole, each <br />party shall be responsible for a portion of the costs of Arbitration and Mediation as may be <br />determined by the court on confirmation. <br /> <br />30. Construction. Whenever the sense of this Agreement requires, words of the <br />singular number shall be construed to be plural and vice versa, and words of the masculine <br /> <br />C0708-028 ass Powerboat Racing Agreement <br /> <br />13 <br /> <br />~{ <br />