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<br />AGREEMENT BY AND BETWEEN <br />MIAMI-DADE COUNTY. FLORIDA <br />AND <br />THE CITY OF SUNNY ISLES BEACH <br />FOR INFORMATION TECHNOLOGY SERVICES <br /> <br />THIS AGREEMENT, by and between the City of Sunny Isles Beach, a municipal <br />corporation organized and existing under the laws of the State of Florida, (hereinafter <br />referred to as "the City"), and Miami-Dade County, Florida (hereinafter referred to <br />collectively as "MOC"), . <br /> <br />WHEREAS, the City is desirous of obtaining consulting and design services, and <br /> <br />WHEREAS, MDC has agreed to render to the City a high level of consulting and design <br />services, as defined in the attached proposal , and the City is desirous of contracting for <br />such-services upon the terms and conditions hereinafter set forth, and <br /> <br />WHEREAS, MDC and the City would like to abide by the following principles: <br /> <br />1. The City engages MDC and MDC agrees to provide the services (the "Services) <br />more fully described in the attached proposal. The City acknowledges and <br />agrees that MDC's provision and performance of the Services is dependent and <br />conditioned upon the City's full performance of its duties and responsibilities. <br /> <br />2. MDC shall fully cooperate with the City in connection with the City's performance <br />of its obligations hereunder. <br /> <br />3. MDC grants the City the limited, nonsublicensable, nonexclusive, <br />nontransferrable license(s) to use the city web portal software described in the <br />attached proposal via remote access solely as necessary for the City to benefit <br />from MDC's provision of the Services. Subject to the terms of this Agreement <br />and prompt payment of all monies. <br /> <br />NOW THEREFORE, in consideration of the following mutual obligations the parties <br />agree as follows: <br /> <br />ARTICLE I <br />DEFINITIONS <br /> <br />For the purposes of this Agreement, the following terms shall have the respective <br />meanings hereinafter set forth: <br /> <br />1.1 Web Portal (Software) shall mean the framework to enable differing levels of <br />functionality (e.g., content) and interactivity (e.g., community). <br /> <br />Exhibit "A" <br /> <br />t. <br />