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Reso 2009-1372
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Reso 2009-1372
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Last modified
11/6/2015 1:37:52 PM
Creation date
4/1/2009 1:54:20 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2009-1372
Date (mm/dd/yyyy)
01/15/2009
Description
OSS Powerboat Agrmt 2009 ($40,000)
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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947 -0606 phone (305) 949 -3113 Fax <br />20. 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 contractor, supplier, subcontractor or consultant under a contract with any <br />public entity, and may not transact business with any public entity in excess of the threshold <br />amount provided 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, Offshore <br />Events warrants that it is in compliance with this requirement. <br />21. Complete Agreement. The terms and conditions of this Agreement, together with <br />any exhibits and schedules attached hereto or referenced herein, constitute the final, complete, <br />and exclusive understanding between the parties with respect to the subject matter of this <br />Agreement and supersede all prior and contemporaneous agreements and understandings, <br />inducements or conditions, expressed or implied, oral or written. <br />22. 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 />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 />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 />C0809 -034 OFFSHORE EVENTS Powerboat Racing Agreement 9 <br />
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