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Reso 2019-2904
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Reso 2019-2904
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Last modified
1/28/2019 10:28:42 AM
Creation date
1/25/2019 12:20:36 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2019-2904
Date (mm/dd/yyyy)
01/17/2019
Description
Expend Budgeted Funds for Lease of Toshiba Copiers
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setting forth the provisions of this non-discrimination clause. The Contractor agrees to comply <br /> with any Federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation <br /> Act of 1973 (29 U.S.C. 708), which prohibits discrimination against the handicapped in any <br /> Federally assisted program. <br /> 17. PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED <br /> COMPANIES. Pursuant to Florida Stafutes Section 217.4725, 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. Contractors 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. Contractors must submit the certification that is attached to this agreement as <br /> Attachment "B". Submitting a false certification shall be deemed a material breach of contract. <br /> The City shall provide notice, in writing, to the Contractor of the City's determination concerning <br /> the false certification. The Contractor shall have ninety (90) days following receipt of the notice <br /> to 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 City <br /> shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute <br /> Section 215.4725. <br /> 18. 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 <br /> 33 of the City of Sunny Isles Beach Code of Ordinances, which are incorporated by reference <br /> herein as if fully set forth herein, in connection with the Agreement conditions hereunder. The <br /> Contractor covenants that it presently has no interest and shall not acquire any interest, directly or <br /> indirectly which could conflict in any manner or degree with the performance of the Services. The <br /> Contractor further covenants that in the performance of this Agreement,no person having any such <br /> interest shall knowingly be employed by the Contractor. The Contractor guarantees that he/she has <br /> not offered or given to any member of, delegate to the Congress of the United States, any or part <br /> of this contract or to any benefit arising therefrom. <br /> 19. INDEMNIFICATION AND WAIVER OF LIABILITY. Contractor agrees to <br /> indemnify and hold harmless, the City, its officers, agents, employees from, and against any and <br /> all claims, actions, liabilities, losses and expenses including, but not limited to, attorney's fees for <br /> personal, economic or bodily injury, wrongful death, loss of or damage to property, at law or in <br /> equity, which may arise or may be alleged to have risen from the negligent acts, errors, omissions <br /> or other wrongful conduct of the Contractor, agents or other personal entity acting under <br /> Contractor's control in connection with the Contractor's performance of services pursuant to this <br /> Agreement and to that extent the Contractor shall pay such claims and losses and shall pay all such <br /> costs and judgments which may issue from any lawsuit arising from such claims and losses <br /> including wrongful termination or allegations of discrimination or harassment, and shall pay all <br /> costs and attorneys' fees expended by the City in defense of such claims and losses including <br /> 8 <br /> 5249-025—Toshiba Business Solutions <br />
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