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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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�J <br />Submitting a false certification shall be deemed a material breach of contract. Customer shall provide <br />notice, in writing, to Sharp Performance of Customer's determination concerning the false certification. <br />SHARP shall have ninety (90) days following receipt of the notice to respond in writing and <br />demonstrate that the determination was in error. If Sharp Performance does not demonstrate that <br />Customer's determination of false certification was made in error, then Customer shall have the right <br />to terminate the contract and seek civil remedies pursuant to Florida Statute Section 287.135. <br />20. E-VERIFY. Florida Statute 448.095 directs all public employers, including municipal <br />governments, to verify the employment eligibility of all new public employees through the U.S. <br />Department of Homeland Security's E-Verify System, and further provides that a public employer may <br />not enter into a contract unless each parry to the contract registers with and uses the E-Verify system. <br />Florida Statute 448.095 further provides that if Sharp Performance enters into a contract with a <br />subcontractor, the subcontractor must provide Sharp Performance with an affidavit stating that the <br />subcontractor does not employ, contract with, or subcontract with an unauthorized alien. In accordance <br />with Florida Statute 448.095, Sharp Performance is required to verify employee eligibility using the E- <br />Verify system for all existing and new employees hired by Sharp Performance during the contract term. <br />Further, Sharp Performance must also require and maintain the statutorily required affidavit of its <br />subcontractors. It is the responsibility of Sharp Performance to ensure compliance with E-Verify <br />requirements (as applicable). To enroll in E-Verify, employer should visit the E-Verify website <br />(https://www.e-verify.gov/employers/enrolling-in-e-verify) and follow the instructions. Sharp <br />Performance must retain the 1-9 Forms for inspection, and provide the attached E-Verify Affidavit, <br />attached hereto as Attachment `B." <br />21. HUMAN TRAFFICKING. Pursuant to Section 787.06, Florida Statutes, entitled "Human <br />Trafficking," a governmental entity cannot execute, renew, or extend a contract with a nongovernmental <br />entity that uses coercion for labor or services, as defined in Section 786.06(2), Florida Statutes. Sharp <br />Performance must submit the affidavit that is attached to this agreement as Attachment "C," signed by <br />an officer or an authorized representative of Sharp Performance, under penalty of perjury, attesting that <br />Sharp Performance does not use coercion for labor or services as defined in Section 786.06(2), Florida <br />Statutes. Submitting a false certification shall be deemed a material breach of contract. <br />17. GENERAL PROVISIONS. If any provision of this Agreement is found to be <br />unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary <br />so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement, <br />together with Statement of Services entered into hereunder and all exhibits, schedules, annexes, and <br />addenda hereto and thereto is the complete and exclusive statement of the mutual understanding of the <br />parties and supersedes and cancels all previous written and oral agreements, communications and other <br />understandings relating to the subject matter of this Agreement. All waivers and modifications must be <br />in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint <br />venture, or employment is created as a result of this Agreement, and neither party has authority of any <br />kind to bind the other parry in any respect whatsoever. In the event of a conflict between this Agreement <br />and any Statement of Services, such Statement of Services shall prevail unless otherwise expressly <br />indicated in this Agreement or such Statement of Services. The heading references herein are for <br />convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof. <br />Page 12 of 14 <br />
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