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under this Agreement. ARTICLE 30. UNDISCLOSED LOBBYIST OR AGENT Contractor warrants that it has not employed or retained any company or person to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. The City shall have the right to terminate this Agreement, without giving Contractor the opportunity to Cure. in the event of a breach of this provision. ARTICLE 31. PUBLIC ENTITY CRIMES In accordance with the Public Entity Crimes Act. Section 287.133. Florida Statutes, a person or affiliate who is a contractor. consultant or other provider, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City. may not submit a bid on a contract with the City for the construction or repair of a public building or public work, may not submit bids on leases of real property to the City. may not be awarded or perform work as a contractor, supplier. subcontractor. or sub - consultant under a contract with the City. and may not transact any business with the City in excess of certain amounts provided in Section 287.017. Florida Statutes. Violation of this section by Contractor shall result in termination of this Agreement and ma_y result in Contractor's debarment. ARTICLE 32. JESSICA LUNSFORD ACT All personnel of Contractor and their subcontractor(s) who perform any Services under this Agreement must first satisfy the requirements and conditions of the Florida Sexual Predators Act (also known as the "Jessica Lunsford Act') under Section 775.2 L F.S. when required, including background screening requirements, as provided by Florida law. ARTICLE 33. MATERIALITY AND WAIVER OF BREACH 33.1 The Citv and Contractor agree that each requirement, duty. and obligation set forth in these Contract Documents is substantial and important to the formation of this Agreement. 33.2 The City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. ARTICLE 34. FORCE MAJEURE Should any party fail to perform its obligations under this Agreement due to a condition of force majeure. as that term is interpreted under Florida law, and specifically including but not limited to Acts of God. Hurricanes, Tropical Storms. fire. flood. earthquakes and the unavailability of materials, equipment or labor resulting from said events. then the time for performance of said 20 t1 3