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Reso 2018-2806
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Reso 2018-2806
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Last modified
6/14/2018 11:23:11 AM
Creation date
5/2/2018 11:51:05 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2018-2806
Date (mm/dd/yyyy)
04/19/2018
Description
Waive Bid Req. & Agmt w/ Econolite for Adaptive Signalization Equipment
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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 /> Miami Dade County, Florida, and venue for litigation arising out of this Agreement shall <br /> be exclusively in such state courts, forsaking any otherjurisdiction which either party may <br /> claim by virtue of its residency or other jurisdictional device. In the event it becomes <br /> necessary for the City to file a lawsuit to enforce any term or provision under this <br /> Agreement and the City is the prevailing party then the City shall be entitled to its costs <br /> and attorney's fees at the pretrial, trial and appellate levels. BY ENTERING INTO THIS <br /> AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY <br /> RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL <br /> LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is <br /> intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, <br /> or privilege enjoyed by the City pursuant to Section 768.28, Florida Statutes. <br /> VI. NOTICES. All notices and other communications required or permitted to be given <br /> under this Agreement by either party to the other shall be in writing and shall be sent <br /> (except as otherwise provided herein) (i) by certified or registered mail, first class postage <br /> prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally <br /> recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy <br /> simultaneously sent by certified or registered mail, first class postage prepaid, return <br /> receipt requested or by overnight delivery by traditionally recognized courier service), <br /> addressed to such party as follows: <br /> If to the City: Christopher J. Russo With a copy to: <br /> City Manager Hans Ottinot <br /> City of Sunny Isles Beach City Attorney <br /> 18070 Collins Avenue City of Sunny Isles Beach <br /> Fourth Floor 18070 Collins Avenue <br /> Sunny Isles Beach, Florida 33160 Fourth Floor <br /> Tel: (305) 792-1776 Sunny Isles Beach,Florida 33160 <br /> Tel: (305) 792-1766 <br /> If to the Econolite Control Products, Inc. <br /> Contractor: Attn: Mark Nogaki, Senior VP <br /> 1250 N. Tustin Ave Anaheim, CA 92807 <br /> Tel: (714) 630-3700 Ext. 5757 <br /> E-mail: mnogaki@econolite.com <br /> VII. PUBLIC RECORDS. The Contractor shall be required to comply with the following <br /> requirements under Florida's Public Records Law: <br /> • <br /> (i.) Contractor shall keep and maintain public records required by the City to perform the <br /> service. <br /> (ii.) Upon request from the City, Contractor shall provide the City with a copy of the <br /> requested records or allow the records to be inspected or copied within a reasonable time <br /> at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as <br /> otherwise provided by law. <br /> (iii.)Contractor shall ensure that public records that are exempt or confidential and exempt <br /> from public records disclosure requirements are not disclosed except as authorized by law <br /> 073-6759 Econolite Control Products,Inc. 5 <br />
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