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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 />19. NO OBLIGATION BY FEDERAL GOVERNMENT. The Federal Government is not a
<br />party to this Agreement and is not subject to any obligations or liabilities to the non -Federal entity,
<br />Contractor, or any other party pertaining to any matter resulting from the Agreement.
<br />20. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED
<br />ACTS. The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False
<br />Claims and Statements) applies to the Contractor's actions pertaining to this Agreement.
<br />21. CONFLICT OF INTEREST. The Contractor agrees to adhere to and be governed by the
<br />Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by Chapter 33
<br />of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference herein
<br />as if fully set forth herein, in connection with the Agreement conditions hereunder. The Contractor
<br />covenants that it presently has no interest and shall not acquire any interest, directly or indirectly
<br />which could conflict in any manner or degree with the performance of the Services. The Contractor
<br />further covenants that in the performance of this Agreement, no person having any such interest
<br />shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has not
<br />offered or given to any member of, delegate to the Congress of the United States, any or part of this
<br />contract or to any benefit arising therefrom.
<br />22. INDEMNIFICATION AND WAIVER OF LIABILITY. To the fullest extent permitted
<br />by law, the Contractor agrees to indemnify and hold -harmless the City, its agents, representatives,
<br />officers, directors, officials and employees from any claims, liabilities, damages, losses and costs,
<br />including, but not limited to, reasonable attorney fees to the extent cause, in whole or in part, by the
<br />professional negligence, error or omission of the Contractor or persons employed or utilized by the
<br />Contractor in performance of Services under this Agreement.
<br />Contractor shall at all times hereafter indemnify, hold harmless and, at the City's option, defend or
<br />pay for an attorney selected by the City to defend City, its agents, representatives, officers, directors,
<br />officials and employees from and against any and all causes of action, demands, claims, losses,
<br />liabilities and expenditures of any kind, including attorney fees, court costs, and expenses, caused
<br />or alleged to be caused by the intentional or negligent act of, or omission of Contractor, including
<br />those of their employees, agents, servants, or officers, or accruing, resulting from, or directly related
<br />to the subject matter of this Agreement including, without limitation, any and all claims, losses,
<br />liabilities, expenditures, demands or causes of action of any nature whatsoever resulting from
<br />injuries or damages sustained by any person or property. In the event any lawsuit or other
<br />proceeding is brought against City by reason of any such claim, cause of action or demand,
<br />Contractor shall, upon written notice from City, resist and defend such lawsuit or proceeding by
<br />counsel satisfactory to City.
<br />The provisions and obligations of this section shall survive the expiration or earlier termination of
<br />this Agreement. To the extent considered necessary by City, any sum due Contractor under this
<br />Agreement may be retained by City until all of City's claims for indemnification pursuant to this
<br />Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject
<br />to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) represents
<br />specific consideration to the Contractor for the indemnification set forth in this Agreement
<br />FPI Security Services, Inc.
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