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Reso 2026-3965
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Reso 2026-3965
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Last modified
3/13/2026 4:21:05 PM
Creation date
3/9/2026 10:19:46 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2026-3965
Date (mm/dd/yyyy)
02/19/2026
Description
Approving software as a service (SAAS) Agreement w/ Sharp Performance Inc., for subscription based mental performance coaching program for PD.
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PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTOMER'S <br />CUSTODIAN OF PUBLIC RECORDS AT (305) 792-1703, CityClerk@sibfl.net, 18070 Collins <br />Avenue, 4th Floor, Sunny Isles Beach, Florida 33160. <br />14. NOTICES. All notices, consents, and other communications between the Parties under <br />or regarding this Agreement must be in writing (which includes email and facsimile) and be addressed <br />according to information provided on an Order Form. All notices, consents and other communications <br />between the parties under a Statement of Services will be sent to the recipient's address specified thereon. <br />All communications will be deemed to have been received on the date actually received. Either Party <br />may change its address for notices by giving written notice of the new address to the other party in <br />accordance with this Section. <br />15. FORCE MAJEURE. Sharp Performance is not responsible nor liable for any delays or <br />failures in performance from any cause beyond its control, including, but not limited to acts of God, <br />changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third party technology <br />providers, riots, fires, earthquakes, floods, power blackouts, strikes, weather conditions or acts of <br />hackers, internet service providers or any other third party or acts or omissions of the <br />Department/Customer or any Authorized User. <br />16. ASSIGNMENT. Neither party may assign this Agreement to any third party without the <br />prior written consent of the other; provided that no consent is required in connection with an assignment <br />to an affiliate or in connection with any merger, reorganization, consolidation, sale of assets or similar <br />transaction. For the avoidance of doubt, a third -party technology provider that provides features or <br />functionality in connection with a Platform shall not be deemed a sublicensee under this Agreement. <br />This Agreement is binding upon and insures to the benefit of the Parties and their respective permitted <br />successors and assigns. <br />19. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, <br />contracting with any entity that is listed on the Scrutinized Companies that Boycott Israel List or that <br />is engaged in the boycott of Israel is prohibited. Sharp Performance herein certifies, under penalty of <br />perjury, that Sharp Performance is not participating in a boycott of Israel. Any contract for goods or <br />services of One Million Dollars ($1,000,000) or more shall be terminated at the Customer's option if it <br />is discovered that the entity submitted false documents of certification, is listed on the Scrutinized <br />Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran <br />Terrorism Sectors List, created pursuant to Florida Statute, Section 215.473, or has been engaged in <br />business operations in Cuba or Syria after July 1, 2018. <br />Any contract entered into or renewed after July 1, 2018 shall be terminated at Customer's option if <br />Sharp Performance is listed on the Scrutinized Companies that Boycott Israel List or engaged in the <br />boycott of Israel. Sharp Performance must submit the certification that is attached to this agreement as <br />Attachment "A." <br />Page 11 of 14 <br />
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