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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 />Consultant shall at all times hereafter indemnify, hold harmless and, at the City's option, defend
<br />or pay for an attorney selected by the City to defend City, its agents, representatives, officers,
<br />directors, officials and employees from and against any and all causes of action, demands, claims,
<br />losses, liabilities and expenditures of any kind, including attorney fees, court costs, and expenses,
<br />caused or alleged to be caused by the intentional or negligent act of, or omission of Consultant,
<br />including those of their employees, agents, servants, or officers, or accruing, resulting from, or
<br />directly related to the subject matter of this Agreement including, without limitation, any and all
<br />claims, losses, liabilities, expenditures, demands or causes of action of any nature whatsoever
<br />resulting from injuries or damages sustained by any person or property. In the event any lawsuit
<br />or other proceeding is brought against City by reason of any such claim, cause of action or demand,
<br />Consultant 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 Consultant 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 Consultant for the indemnification set forth in this Agreement.
<br />17. COMPLIANCE WITH LAW. Consultant shall comply with all laws, regulations and
<br />ordinances of any federal, state, or local governmental authority having jurisdiction with respect
<br />to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits,
<br />licenses, approvals and consents necessary for the lawful conduct of the activities contemplated
<br />under this Agreement.
<br />18. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
<br />supersede and take priority over any inconsistent or conflicting provisions that are contained in
<br />any other document, including but not limited to Exhibit "A", "B", and "C".
<br />19. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED
<br />COMPANIES. Pursuant to Florida Statutes Section 287.135, contracting with any entity that is
<br />listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of
<br />Israel is prohibited. Consultants must certify that the company is not participating in a boycott of
<br />Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall be
<br />terminated at the City's option if it is discovered that the entity submitted false documents of
<br />certification, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
<br />Companies with Activities in the Iran Petroleum Energy Sector List, 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 the City's option if
<br />the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
<br />boycott of Israel. Consultants must submit the certification that is attached to this agreement as
<br />Exhibit "B". Submitting a false certification shall be deemed a material breach of contract. The
<br />City shall provide notice, in writing, to the Consultant of the City's determination concerning the
<br />false certification. The Consultant shall have ninety (90) days following receipt of the notice to
<br />respond in writing and demonstrate that the determination was in error. If the Consultant does not
<br />SEPI ENGINEERING & CONSTRUCTION, INC
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