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Reso 2021-3221
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Reso 2021-3221
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Last modified
7/11/2024 11:14:03 PM
Creation date
8/9/2021 12:35:42 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2021-3221
Date (mm/dd/yyyy)
07/15/2021
Description
Waive Bid Req. & Approving Agmt w/CT Mechanical for inspection & preventatitve maintenance for AC/HVAC Gateway Park
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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 />resulting from, or directly related to the subject matter of this Agreement including, without <br />limitation, any and all claims, losses, liabilities, expenditures, demands or causes of action of any <br />nature whatsoever resulting from injuries or damages sustained by any person or property. In the <br />event any lawsuit or other proceeding is brought against City by reason of any such claim, cause <br />of action or demand, Contractor shall, upon written notice from City, resist and defend such <br />lawsuit or proceeding by counsel satisfactory to City. <br />The provisions and obligations of this section shall survive the expiration or earlier termination <br />of this Agreement. To the extent considered necessary by City, any sum due Contractor under <br />this Agreement may be retained by City until all of City's claims for indemnification pursuant to <br />this Agreement have been settled or otherwise resolved; and any amount withheld shall not be <br />subject to payment of interest by City. The parties agree that One Hundred Dollars ($100.00) <br />represents specific consideration to the Contractor for the indemnification set forth in this <br />Agreement. <br />19. 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 <br />permits, licenses, approvals and consents necessary for the lawful conduct of the activities <br />contemplated under this Agreement. <br />20. 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 Attachment "A". <br />21. 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 />Attachment `.`B". Submitting a false certification shall be deemed a material breach of contract. <br />The City shall provide notice, in writing, to the Consultant of the City's determination <br />concerning the false certification. The Consultant shall have ninety (90) days following receipt of <br />the notice to respond in writing and demonstrate that the determination was in error. If the <br />Consultant does not demonstrate that the City's determination of false certification was made in <br />error, then the City shall have the right to terminate the contract and seek civil remedies pursuant <br />to Florida Statute Section 287.135. <br />2021- 7666 CT Mechanical Co. 11 223 <br />
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