|
Rehabilitation Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the
<br />handicapped in any Federally assisted program. .
<br />IS.. - •PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED
<br />COMPANIES. Pursuant to Florida Statutes Section 217.4725, contracting with any entity that
<br />is listed on the Scrutinized Companies that Boycott Israel List or that is engaged in the boycott
<br />of Israel is prohibited. Contractors must certify that the company is not participating in a boycott
<br />of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more shall
<br />be.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
<br />if the company is listed on the Scrutinized Companies that Boycott Israel List or engaged in the
<br />boycott of Israel. Contractors must submit the certification that is attached to this agreement.
<br />Submitting a false certification shall be deemed a material breach of contract. The City shall
<br />provide notice, in writing, to -the Contractor of the City's determination concerning the false
<br />certification. The Contractor 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 Contractor does
<br />not demonstrate that the City's determination of false certification was made in error, then the
<br />City shall have the right to terminate the contract and seek civil remedies pursuant to Florida
<br />Statute Section 215.4725.
<br />19. CONFLICT OF INTEREST. The Contractor pgrees to adhere to and be governed by
<br />the Miami -Dade County Conflict of Interest Ordinance Section 2-11.1, as amended; and by
<br />Chapter 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by
<br />reference herein as if fully set forth herein, in connection with the Agreement conditions
<br />hereunder. The Contractor covenants that it presently has no interest and shall not acquire any
<br />interest, directly or indirectly which should conflict in any manner or -degree with the
<br />performance of the Services. The Contractor further covenants that in the performance of this
<br />Agreement, no petsoe.having any such interest shag knowingly be employed by the Contractor.
<br />The Contractor guarantees that he/she has not offered or given to any member of, delegate to the
<br />Congress of the United States, any or part of this Agreement or to any benefit arising therefrom.
<br />20. INDEMNIFICATION AND WAIVER OF LIABILITY. The Contractor agrees, to
<br />the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents,
<br />representatives, officers, directors, officials and employees fibm and against claims, damages,
<br />losses and expenses (including but not limited to attomey's fees, arbitration costs, and costs of
<br />appellate.proceedings).relating to, arising out of or resulting'from the Contractor's negligent
<br />acts; errors, mistakes or omissions relating to professional Services performed under this
<br />Agreement. The Contractor's duty to defend, hold harmless and indemnify the City, its agents,
<br />representatives; officers, directors, officials and employees shall arise in connection. with any
<br />claim, damage, loss or:expense that is attributable to bodily injury; sickness; disease; death; or
<br />injury to impairment, or destruction of tangible property including' loss of use resulting
<br />therefrom, caused by any negligent acts, errors, mistakes or omissions related to Services in the
<br />performance of this Agreement including any person for whose acts, errors, mistakes or
<br />099.1012 LUKES LANDSCAPING, INC.
<br />
|