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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 />conflict in any manner or degree with the performance of the Services. The Consultant further <br />covenants that in the performance of this Agreement, no person having any such interest shall <br />knowingly be employed by the Consultant. No member of, or delegate to the Congress of the <br />United States shall be admitted to any share or part of this Agreement or to any benefits arising <br />therefrom. <br />18. CONFLICTING PROVISIONS. The terms, statements, requirements, and provisions <br />contained in this Agreement shall prevail and be given effect over any conflicting or inconsistent <br />term, statement, requirement or provision contained in any other document or attachment, <br />including but not limited to Attachments "A", `B", "C", "D", and `B" a copy of which are attached <br />hereto. <br />19. PROMBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES. <br />Pursuant to Florida Statutes Section 287.135, contracting with any entity that is listed on the <br />Scrutinized Companies that Boycott Israel List or that is engaged in the boycott of Israel is <br />prohibited. Consultants must certify that the company is not participating in a boycott of Israel. <br />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 "C". Submitting a false certification shall be deemed a material breach of contract. The <br />City shall provide notice, in writing, to the Consultant of the City's determination concerning the <br />false certification. The Consultant 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 Consultant does not <br />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 287.135. <br />20. E -VERIFY. Florida Statute 448.095 directs all public employers, including municipal <br />governments, to verify the employment eligibility of all new public employees through the U.S. <br />Department of Homeland Security's E -Verify System, and further provides that a public employer <br />may not enter into a contract unless each party to the contract registers with and uses the E -Verify <br />system. Florida Statute 448.095 further provides that if a Consultant enters into a contract with a <br />subconsultant, the subconsultant must provide the Consultant with an affidavit stating that the <br />subconsultant does not employ, contract with, or subcontract with an unauthorized alien. In <br />accordance with Florida Statute 448.095, Consultant is required to verify employee eligibility using <br />the E -Verify system for all existing and new employees hired by Consultant during the contract <br />term. Further, Consultant must also require and maintain the statutorily required affidavit of its <br />subconsultants. It is the responsibility of Consultant to ensure compliance with E -Verify <br />Marcum LLP <br />