Reso 2011-1680 - Laserfiche WebLink

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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 21. Disclosure. Offshore Events shall be required to list any or all potential conflicts or interest, as defmed by Florida Statute 112, Miami-Dade County Conflict of Interest Ordinance Section 2-11.1, as amended, and by the City of Sunny Isles Beach Ordinance No. 99-82, which are incorporated herein by reference as if fully set forth herein. Offshore Events shall disclose to the City all actual or proposed conflicts of interest, fmancial or otherwise, direct or indirect, involving any client's interest which may conflict with the interest of the City. 22. Public Entity Crime. "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perfqrm work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". By execution of this Agreement, Offshore Events warrants that it is in compliance with this requirement. 23. Complete Agreement. The terms and conditions of this Agreement, together with any exhibits and schedules attached hereto or referenced herein, constitute the fmal, complete, and exclusive understanding between the parties with respect to the subject matter of this Agreement and supersede all prior and contemporaneous agreements and understandings, inducements or conditions, expressed or implied, oral or written. 24. Arbitration and Mediation. The merits of any dispute arising under, out of, in connection with, or in relation to this agreement, or the making or validity thereof, or its interpretation, or any breach thereof, shall be determined and settled by Arbitration before an Arbitrator in the State of Florida, pursuant to the Commercial Arbitration Rules then obtaining of the American Arbitration Association If the parties hereto are unable to agree upon the selection of an arbitrator, such arbitration shall be held before the American Arbitration Association. Any award rendered shall be final and conclusive upon the parties hereto and a judgment thereon may be entered in the highest court of the State of Florida having jurisdiction. Before submitting a dispute to Arbitration, the parties shall fIrst attempt to resolve the dispute amicably. In the event that the parties hereto are unable to resolve the dispute amicably, either party may give notice for a Mediation session before a Mediator appointed by mutual agreement (hereinafter the "Mediator"). Each party shall bear its own attorney's fees and costs associated with any such mediation and shall share, equally, the fee of the agreed upon or appointed mediator (as the case may be). If the parties are unable to agree upon the selection of a mediator, such mediation shall be held before the American Arbitration Association. The Mediator shall make a recommendation to the parties in the form of a written mediated settlement agreement. Each party to the dispute shall sign such agreement after receipt of the same or immediately file a demand for Arbitration, in which CIOII-030 OFFSHORE EVENTS Powerboat Racing Agreement Page 8 of 12 SlB