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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 />shall be brought exclusively in the Eleventh Judicial Circuit in and for Miami Dade County,
<br />Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state
<br />courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or
<br />other jurisdictional device. In the event it becomes necessary for the City to file a lawsuit to
<br />enforce any term or provision under this Agreement and the City is the prevailing parry then the
<br />City shall be entitled to its costs and attorney's fees at the pretrial, trial and appellate levels. BY
<br />ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY
<br />WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
<br />LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to
<br />serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed
<br />by the City pursuant to Section 768.28, Florida Statutes.
<br />18. COMPLIANCE WITH LAW. Contractor 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 />19. CONFLICTING PROVISIONS. The terms and conditions in this Agreement shall
<br />prevail and be given superior effect and priority over any conflicting or inconsistent term,
<br />statement, requirement, or provision contained in any other document or attachment, including but
<br />not limited to Contractor's proposal attached hereto as Attachment "A."
<br />20. ASSIGNMENTS, TRANSFERS, SUBCONTRACTING. The Contractor shall not
<br />subcontract, assign, or transfer any work under this Agreement without the prior written consent
<br />of the City. Should the Contractor subcontract any services under this Agreement, it shall be done
<br />with continued liability for the Contractor. The Contractor shall remain responsible for services,
<br />responsibilities, and liabilities of any person or entity acting under Contractor.
<br />21. SCRUTINIZED COMPANIES. Pursuant to Florida Statutes Section 287.135, and
<br />subject to limited exceptions contained therein, a company is ineligible to, and may not, bid on,
<br />submit a proposal for, or enter into or renew a contract with an agency or local governmental entity
<br />for goods or services if at the time of bidding, submitting a proposal for, or entering into or
<br />renewing a contract, the company is on the Scrutinized Companies that Boycott Israel List or is
<br />engaged in the boycott of Israel. Contractors must certify that the company is not participating in
<br />a boycott of Israel. Any contract for goods or services of One Million Dollars ($1,000,000) or more
<br />shall be terminated at the City's option if it is discovered that the company submitted a false
<br />certification, or at the time of bidding, submitting a proposal for, or entering into or renewing a
<br />contract, is listed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized
<br />Companies with Activities in the Iran Terrorism Sectors List, created pursuant to Florida Statute
<br />Section 215.473, or is or has been engaged in business operations in Cuba or Syria, after July 1,
<br />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
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