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Reso 2021-3245
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Reso 2021-3245
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Last modified
9/23/2021 9:42:14 AM
Creation date
9/22/2021 4:22:04 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2021-3245
Date (mm/dd/yyyy)
09/14/2021
Description
First Amendment with Summa Mechanical Contractors, LLC d/b/a SMC Air Conditioning for Air Conditioner Preventative Maintenane Services.
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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 indemnify <br />and hold harmless, the City, its officers, agents, employees from, and against any and all claims, <br />actions, liabilities, losses and expenses including, but not limited to, attorney's fees for personal, <br />economic or bodily injury, wrongful death, loss of or damage to property, at law or in equity, <br />which may arise from the negligent acts, errors, omissions or other <br />wrongful conduct of the Contractor, agents or other personal entity acting under Contractor's <br />control in connection with the Contractor's performance of services pursuant to this Agreement <br />and to that extent the Contractor shall pay such claims and losses and shall pay all such costs and <br />judgments which may issue from any lawsuit arising from such claims and losses including <br />wrongful termination or allegations of discrimination or, harassment, and shall pay all costs and <br />attorneys' fees expended by the City in defense of such claims and losses including appeals. The <br />parties agree that ten percent (10%) of the total compensation is a specific consideration from the <br />City to the Contractor for this indemnity. <br />20. PUBLIC RECORDS. The Contractor shall be required to comply with the following <br />requirements under Florida's Public Records Law: <br />(i.) Contractor shall keep and maintain public records required by the City to perform the <br />service. <br />(ii.) Upon request from the City, Contractor shall provide the City with a copy ;of the <br />requested records or allow the records to be inspected or copied within a reasonable time at a cost <br />that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided <br />by law. <br />(iii.) Contractor shall ensure that public records that are exempt or confidential and ecempt <br />from public records disclosure requirements are not disclosed except as authorized by law for the <br />duration of the contract term and following completion of the contract if the Contractor does not <br />transfer the records to the City. <br />(iv.) Contractor shall, upon completion of the contract, transfer, at no cost, to the City all <br />public records in possession of the Contractor or keep and maintain public records required by the <br />City to perform the service. 'If the Contractor transfers all public records to the City: upon <br />completion of the contract, the Contractor shall destroy any duplicate- public records il}at are <br />113-6523 SUMMA MECHANICAL CONTRACTORS LLC D/B/A SMC AIR CONDITIONING <br />
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